Candino v. Starpoint Central School District

Appeals from an order of the Supreme Court, Erie County (John F. O’Donnell, J.), entered February 1, 2013. The order granted the application of claimant for leave to serve a late notice of claim.

It is hereby ordered that the order so appealed from is reversed on the law without costs and the application is denied.

Memorandum: We agree with respondents that Supreme Court abused its discretion in granting claimant’s application seeking leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5). On February 4 and 5, 2011, claimant, then a 16-year-old student at respondent…