Appellate Division of the Supreme Court of the State of New York April 20, 2006 (Middleton v. New York City Transit Authority)

Order, Supreme Court, *367New York County (Robert D. Lippmann, J.), entered November 29, 2004, which denied petitioner’s application to serve a late notice of claim, unanimously affirmed, without costs.

Although apparently unknown to petitioner, a notice of claim was timely served by attorneys he had apparently discharged, rendering the instant application moot.