Legal Opinion
Avalos v. City of New York Board of Education
Appellate Division of the Supreme Court of the State of New York
Decided November 4, 2009PublishedCited by 12 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 petitioners appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Kerrigan, J.), dated August 14, 2008, as denied the petition.
Ordered that the order is affirmed insofar as appealed from, with costs.
In determining whether to grant leave to serve a late notice of claim, the court must consider, among other things, whether (1) there is a reasonable excuse for the delay, (2) the public corporation acquired actual knowledge of the essential facts…
2Cases cited4 opinions
- Felice v. Eastport/South Manor Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
- Dunlea v. Mahopac Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1996
- Tineo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
- Jackson v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by12 opinions
- Lexiis Fielding Diggs v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2010
- Buchanan v. Beacon City School DistrictAppellate Division of the Supreme Court of the State of New York · 2010
- Matter of Saponara v. Lakeland Cent. School Dist.Appellate Division of the Supreme Court of the State of New York · 2016
- Matter of Newcomb v. Middle Country Cent. Sch. Dist.Appellate Division of the Supreme Court of the State of New York · 2015
- Claud v. West Babylon Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2013
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