Opinion
February 8, 1996
Appeal from the Supreme Court, New York County (Edward Lehner, J.).
Petitioner's excuse for not filing a timely notice of claim — that he did not realize the seriousness of his injury until after the 90-day period had expired and was thereafter physically incapacitated from doing so until he made the instant motion some six and a half months after the incident — cannot be accepted in the absence of any supporting medical documentation ( compare, Matter of Green v. New York City Hous. Auth., 180 A.D.2d 586, 587, with Heiman v. City of New York, 85 A.D.2d 25). It is also clear that the delay, by preventing respondent from obtaining a prompt hearing and medical examination of petitioner, significantly diminished its ability to determine the extent of petitioner's injuries and any changes in his condition over time ( see, Matter of Robertson v. City of New York, 146 A.D.2d 456, 457, affd 74 N.Y.2d 781).
Concur — Milonas, J.P., Ellerin, Wallach, Kupferman and Williams, JJ.