Legal Opinion
Pukifoy v. County of Suffolk
Appellate Division of the Supreme Court of the State of New York
Decided April 21, 2009PublishedCited by 2 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, the appeal is from an order of the Supreme Court, Suffolk County (Mayer, J.), dated June 2, 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 the County of Suffolk. The key factors to be considered are whether the petitioner demonstrated a reasonable excuse for…
2Cases cited10 opinions
- Felice v. Eastport/South Manor Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
- Sica v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1996
- Lorseille v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2002
- Dibella v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
- Gilliam v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
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3Cited by2 opinions
- Valentine v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
- Riccio v. Town of EastchesterAppellate Division of the Supreme Court of the State of New York · 2009