Hess v. West Seneca Central School District

Scudder, P.J., and Peradotto, J. (dissenting).

We respectfully dissent. In our view, Supreme Court abused its discretion in granting that part of claimant’s application seeking leave to serve a late notice of claim on West Seneca Central School District (respondent) inasmuch as respondent demonstrated that the claim is “patently meritless” (Matter of Catherine G. v County of Essex, 3 NY3d 175, 179 [2004]; see Matter of Lo Tempio v Erie County Health Dept., 17 AD3d 1161 [2005]).

Claimant’s son, a 10th-grade student at West Seneca High School, was injured when he was struck by a vehicle while…