Legal Opinion

Battaglia v. Medina Central School District

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

Decided May 27, 1994PublishedCited by 2 opinions

1Opinion of the Court

—Order unanimously modified in the exercise of discretion and as modified affirmed without costs in accordance with the following Memorandum: Under the circumstances of this case, in which defendants do not dispute that they had actual notice of the infant’s injury, we exercise our discretion to grant plaintiff permission to file a late notice of claim on behalf of his infant son within 20 days of service of a copy of the order of this Court with notice of entry (see, Maurice W. v Onondaga County Dept, of Social Servs., 186 AD2d 986, 987; Matter of Nichols v Board of Educ., 166 AD2d *998846,…

2Cases cited3 opinions

  1. Pepe v. Somers Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1985
  2. Maurice W. v. Onondaga County Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1992
  3. Nichols v. Board of Education of Ballston Spa Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by2 opinions

  1. Matter of Dusch v. Erie County Med. Ctr.Appellate Division of the Supreme Court of the State of New York · 2020
  2. Arnold v. Town of CamillusAppellate Division of the Supreme Court of the State of New York · 2023

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