Bartolotta v. County of Wyoming

Order unanimously reversed on the law with costs, motion denied as unnecessary and cross motion denied. Memorandum: Supreme Court should have denied claimants’ motion for permission to file a late notice of claim as unnecessary because the notice was timely filed. Claimants mailed a notice of claim to the Town Clerk of the Town of Wethersfield (Town) on May 17,1993 by certified mail, properly placing the notice in a depository of the United States Postal Service. It is undisputed that the notice of claim was timely mailed within 90 days of the accrual of the claim. The Postal Service made two…