Sica v. Board of Education

and votes to affirm the order appealed from with the following memorandum: I do not concur in the conclusion shared by my colleagues in the majority that the Supreme Court improvidently exercised its discretion in granting the infant claimants’ applications for leave to serve late notices of claim. I would therefore affirm the order on appeal.

This appeal marks the second occasion that the underlying incident has been before us. The appellant Murray Brenner was, at all relevant times, the principal of P.S. 5, a New York City Public School on Staten Island. It is alleged that for the years 1986…