Legal Opinion
Martinez v. West Hempstead School District
Appellate Division of the Supreme Court of the State of New York
Decided December 12, 2005PublishedCited by 4 opinions
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 petitioner appeals from an order of the Supreme Court, Nassau County (Parga, J.), dated February 17, 2005, which denied the application.
Ordered that the order is affirmed, with costs.
The determination to grant leave to serve a late notice of claim lies within the discretion of the court (see General Municipal Law § 50-e [5]; Matter of Andrew T.B. v Brewster Cent. School Dist., 18 AD3d 745, 746 [2005]; Matter of Morales v New York City Tr. Auth., 15 AD3d 580, 581 [2005]; Williams v…
2Cases cited4 opinions
- Andrew T.B. v. Brewster Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2005
- Williams v. Nassau County Medical CenterAppellate Division of the Supreme Court of the State of New York · 2004
- Rusiecki v. Clarkstown Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1996
- Morales v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by4 opinions
- Dumancela v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Rios v. Westchester County Healthcare Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Robertson v. Somers Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2011
- Priant v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2015