Hill v. County of Chemung
Appellate Division of the Supreme Court of the State of New York
1Concurring in part, dissenting in part
Yesawich, Jr., J. (concurring in part and dissenting in part).
We concur with the majority in its conclusion that permission to file a late claim on behalf of the infant should have been granted (see, Matter of Urban v Waterford-Half moon Union Free School Dist., 105 AD2d 1022; Matter of De Groff v Bethlehem Cent. School Dist., 92 AD2d 702), but find no justification for extending like relief to the parents in their individual claims (see, Lavoie v Town of Ellenburg, 78 AD2d 714, lv denied 53 NY2d 602).
2Cases cited3 opinions
- De Groff v. Bethlehem Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1983
- Urban v. Waterford-Halfmoon Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1984
- Lavoie v. Town of EllenburgAppellate Division of the Supreme Court of the State of New York · 1980