Matter of A.C. v. West Babylon Union Free School Dist.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim or to deem a late notice of claim timely served nunc pro tunc, West Babylon Union Free School District appeals from an order of the Supreme Court, Suffolk County (Gazzillo, J.), dated October 5, 2015, which granted the petition.
Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, the petition is denied, and the proceeding is dismissed.
Service of a notice of claim within 90 days after accrual of the claim is a condition precedent to commencing an…
2Cases cited6 opinions
- Williams v. Nassau County Medical CenterNew York Court of Appeals · 2006
- Felice v. Eastport/South Manor Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
- Newcomb v. Middle Country Central School DistrictNew York Court of Appeals · 2016
- Allende v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
- Doyle v. Elwood Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2007
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