Legal Opinion

Castro v. Clarkstown Central School District

Appellate Division of the Supreme Court of the State of New York

Decided September 15, 2009PublishedCited by 18 opinions

1Opinion of the Court

In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, Clarkstown Central *1142School District and Woodglen Elementary appeal from an order of the Supreme Court, Rockland County (Berliner, J.), dated October 17, 2008, which granted the petition.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the petition is denied.

The Supreme Court improvidently exercised its discretion in granting the petition for leave to serve a late notice of claim on behalf of the infant, Kevin Sanabria.

The key factors to be…

2Cases cited14 opinions

  1. Williams v. Nassau County Medical CenterNew York Court of Appeals · 2006
  2. Felice v. Eastport/South Manor Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
  3. Sica v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1996
  4. Ryder v. Garden City School DistrictAppellate Division of the Supreme Court of the State of New York · 2000
  5. Scolo v. Central Islip Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2007

9 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Matter of A.C. v. West Babylon Union Free School Dist.Appellate Division of the Supreme Court of the State of New York · 2017
  2. Hill v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2009
  3. Tonissen v. Huntington U.F.S.D.Appellate Division of the Supreme Court of the State of New York · 2011
  4. Horn Ex Rel. Horn v. Bellmore Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2016
  5. Robertson v. Somers Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2011

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API