Gaeta v. Incorporated Village of Garden City
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*684In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the appeal is from an order of the Supreme Court, Nassau County (Iannacci, J.), entered June 1, 2009, which granted the petition.
Ordered that the order is reversed, on the law, with costs, and the petition is denied.
While the merits of a claim ordinarily are not considered on a motion for leave to serve a late notice of claim, where the proposed claim is patently without merit, leave to serve a late notice of claim should be denied (see Matter of Catherine G. v County of Essex, 3 NY3d 175,…
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