Legal Opinion
Downey v. Macedon Center Volunteer Fire Department
Appellate Division of the Supreme Court of the State of New York
Decided January 31, 1992PublishedCited by 3 opinions
1Opinion of the Court
Pursuant to General Municipal Law § 50-e (5) and applicable case law, so long as the application is made within the time available for commencement of an action, the court is vested with "broad” discretion to grant or deny the applica*1000tion (Barnes v County of Onondaga, 103 AD2d 624, 629, affd 65 NY2d 664; Hamm v Memorial Hosp., 99 AD2d 638; Matter of Ziecker v Town of Orchard Park, 70 AD2d 422, 426, affd 51 NY2d 957). The presence or absence of any one factor listed in the statute is not determinative of the motion (Patterson v Town of Hempstead, 104 AD2d 975, 976-977; Matter of Savelli v City…
2Cases cited7 opinions
- Ziecker v. Town of Orchard ParkAppellate Division of the Supreme Court of the State of New York · 1979
- Barnes v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 1984
- Claim of Ziecker v. Town of Orchard ParkNew York Court of Appeals · 1980
- Patterson v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1984
- Savelli v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Wetzel Services Corp. v. Town of AmherstAppellate Division of the Supreme Court of the State of New York · 1994
- Rotoli v. Town of GainesAppellate Division of the Supreme Court of the State of New York · 1992
- Chadsey v. Erie County Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 1993