Legal Opinion

Castlegrande v. Mahopac Central School District

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

Decided March 25, 2002PublishedCited by 3 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, Putnam County (Hickman, J.), dated August 6, 2001, which granted the application.

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the application is denied, and the proceeding is dismissed.

In determining whether to grant leave to serve a late notice of claim, the court must consider (1) whether the petitioner demonstrated a reasonable excuse for the failure to serve a *605timely notice of claim, (2) whether…

2Cases cited3 opinions

  1. Morrison v. New York City HealthAppellate Division of the Supreme Court of the State of New York · 1997
  2. Bergren v. Wappingers Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2000
  3. Shapey v. East Rockaway Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by3 opinions

  1. del Carmen v. Brentwood Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2004
  2. Bergmann v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2002
  3. Farrell v. Bay Shore Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2003

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