Candino v. Starpoint Central School District

Fahey and Whalen, JJ.

(dissenting). We respectfully dissent. In our view, Supreme Court did not abuse its discretion in granting claimant’s application for leave to serve a late notice of claim upon respondents, and we therefore would affirm the order.

“A notice of claim must be served within 90 days after the claim accrues, although a court may grant leave extending that time, provided that the application therefor is made before the expiration of the statute of limitations period of one year and 90 days (see General Municipal Law § 50-e [1] [a]; [5]). The decision whether to grant such leave…