Legal Opinion
Mark v. Board of Education
Appellate Division of the Supreme Court of the State of New York
Decided November 30, 1998PublishedCited by 5 opinions
1Opinion of the Court
—In a proceeding for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5), the petitioners appeal from an order of the Supreme Court, Kings County (Hutcherson, J.), dated November 25, 1997, which denied their application.
Ordered that the order is affirmed, with costs.
The Supreme Court did not improvidently exercise its discretion in denying the petitioners’ application for leave to serve a late notice of claim. The petitioners have failed to present a legally-acceptable excuse for their delay of almost six months after the 90-day statutorily-prescribed period…
2Cases cited7 opinions
- Perry v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1987
- Ribeiro v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 1994
- Garguiolo v. New York State Thruway AuthorityAppellate Division of the Supreme Court of the State of New York · 1988
- Siena v. HousesAppellate Division of the Supreme Court of the State of New York · 1992
- Winter v. City of GenevaAppellate Division of the Supreme Court of the State of New York · 1994
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Keating v. GaffneyDistrict Court, E.D. New York · 2001
- McLaughlin v. North Colonie Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2000
- Matter of Bonaguro v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
- Gray v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2022
- Tucker v. New York State Thruway Auth.Appellate Division of the Supreme Court of the State of New York · 2019