Legal Opinion

Gallino v. Village of Shoreham

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

Decided December 11, 1995PublishedCited by 8 opinions

1Opinion of the Court

—In a proceeding pursuant to General Municipal Law § 50-e for leave to serve a late notice of claim, the appeal is from an order of the Supreme Court, Suffolk County (Gerard, J.), dated April 28, 1994, which, inter alia, granted the application.

Ordered that the order is affirmed, with costs.

The record supports the finding that the one-day delay beyond the 90-day time period to serve a notice of claim on behalf of the infant petitioner resulted from the infant’s on-going treatment for serious injuries and her parent’s concern for the child’s condition (see, General Municipal Law § 50-e [1]…

2Cases cited2 opinions

  1. Brown v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1993
  2. Tremaine Holmes v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by8 opinions

  1. Terrell Battle v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
  2. Knightner v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
  3. Flynn v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1998
  4. Godoy v. Nassau Health Care Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  5. Presley v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998

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