Peach Laboratories, Inc. v. Irvington Union Free School District

OPINION OF THE COURT

Matthew F. Coppola, J.

In this motion to serve a late notice of claim pursuant to Education Law § 3813, the issue arises as to whether service of process on the Sheriff, which extends the Statute of Limitations by 60 days, also serves to extend the time in which to move to serve a late notice of claim.

The summons and complaint in this action were served by mailing to the Sheriff on April 27, 1990. They were received by his office on April 30, 1990. The complaint alleges that on or about April 3, 1989 the parties entered into an agreement whereby plaintiff would provide…