Schelmety v. Village of Haverstraw
Appellate Division of the Supreme Court of the State of New York
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 Village of Haverstraw appeals from an order of the Supreme Court, Rockland County (Weiner, J.), dated June 20, 1995, which granted the application.
Ordered that the order is reversed, as an exercise of discretion, with costs, and the application is denied.
The petitioner failed to proffer a reasonable excuse for waiting almost four years after the prescribed 90-day period to commence the instant proceeding against the Village of Haverstraw (see, Matter of Stenowich v Colonie Indus. Dev.…
2Cases cited4 opinions
- Katz v. Rockville Centre Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1987
- Russ v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1993
- Stenowich v. Colonie Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 1989
- Zee v. Hicksville Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1994