Legal Opinion

Camet v. County of Suffolk

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

Decided November 21, 2012Published

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, Suffolk County (Farneti, J.), dated October 12, 2011, which denied the petition and, in effect, dismissed the proceeding.

Ordered that the order is affirmed, with costs.

Eursuant to General Municipal Law § 50-e (5), a court has the discretion to permit the service of a late notice of claim. The relevant factors for the court to consider include whether (1) the petitioner demonstrated a reasonable excuse for failing to serve a timely…

2Cases cited8 opinions

  1. Felice v. Eastport/South Manor Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
  2. Henriques v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
  3. Bovich v. East Meadow Public LibraryAppellate Division of the Supreme Court of the State of New York · 2005
  4. Lorseille v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2002
  5. Bridgeview at Babylon Cove Homeowners Ass'n v. Incorporated Village of BabylonAppellate Division of the Supreme Court of the State of New York · 2007

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