Legal Opinion
Day v. Greenburgh Eleven Union Free School District
Appellate Division of the Supreme Court of the State of New York
Decided October 18, 2011PublishedCited by 4 opinions
1Opinion of the Court
The appellant contends that leave to serve a late notice of claim should have been denied because the claim is patently without merit. While the merits of a claim ordinarily are not considered on a motion for leave to serve a late notice of claim, leave should be denied where the proposed claim is patently without merit (see Matter of Catherine G. v County of Essex, 3 NY3d 175, 179 [2004]; Matter of Gaeta v Incorporated Vil. of Garden City, 72 AD3d 683, 684 [2010]; Matter of Chambers v Nassau County Health Care Corp., 50 AD3d 1134, 1135 [2008]). In opposition to the petition, the appellant…
2Cases cited5 opinions
- Catherine G. v. County of EssexNew York Court of Appeals · 2004
- Chambers v. Nassau County Health Care Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Billman v. Town of DeerparkAppellate Division of the Supreme Court of the State of New York · 2010
- Gaeta v. Incorporated Village of Garden CityAppellate Division of the Supreme Court of the State of New York · 2010
- Burke v. Incorporated Village of HempsteadAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by4 opinions
- Matter of Ramirez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Regan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
- Williams v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2014
- Williams v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2014