Legal Opinion

Alexander v. Board of Education

Appellate Division of the Supreme Court of the State of New York

Decided May 16, 2005PublishedCited by 9 opinions

1Opinion of the Court

In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the appeal is from an order of the Supreme Court, Westchester County (Murphy, J.), entered July 28, 2004, which granted the petition.

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the petition is denied, and the proceeding is dismissed.

The determination whether to grant leave to serve a late notice of claim is a question committed to the sound discretion of the court (see Matter of Plantin v New York City Hous. Auth., 203 AD2d 579 [1994]). In…

2Cases cited7 opinions

  1. Flores v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2004
  2. Cotten v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2003
  3. Plantin v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
  4. Medley v. CichonAppellate Division of the Supreme Court of the State of New York · 2003
  5. Canty v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Wright v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  2. Bridgeview at Babylon Cove Homeowners Ass'n v. Incorporated Village of BabylonAppellate Division of the Supreme Court of the State of New York · 2007
  3. Papayannakos v. Levittown Memorial Special Education CenterAppellate Division of the Supreme Court of the State of New York · 2007
  4. Dumancela v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2006
  5. Harper v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010

4 more not listed; retrieve them via the Exa API.

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