Samatin v. Board of Education

This is a motion on behalf of the claimant for leave to file a late notice of claim with the respondent (General Municipal Law, § 50-e, subd. 5 — I assume that the claimant’s reference in the moving papers to subd. 6 is a typographical error).

I have not been afforded the benefit of any briefs or argument of counsel, although the respondent has cited in its answering affidavit the case of Matter of Copes v. Board of Educ. of City of N. Y. (11 Misc 2d 48). Assuming that I were inclined to disagree with my learned colleague’s determination in the case cited by the respondent, I find that the…