Pantaleoni v. City of Rome

OPINION OF THE COURT

John R. Tenney, J.

Movants seek permission to serve a late notice of claim against the City of Rome (City). The claims are founded upon alleged violations of plaintiffs’ constitutional and statutory rights (42 USC § 1983) by City personnel, associated with the City jail, following plaintiffs’ arrest by the Oneida County Sheriff’s Department.

The arrest, incarceration and subsequent release from custody all took place on June 4, 1984. This date commences the 90-day period within which the notice of claim must be filed. The City claims that the period expired on September 1,…