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Matter of Gallino v. Village of Shoreham

Appellate Division of the Supreme Court of New York, Second Department
Dec 11, 1995
222 A.D.2d 506 (N.Y. App. Div. 1995)

Opinion

December 11, 1995

Appeal from the Supreme Court, Suffolk County (Gerard, J.).


Ordered that the order is affirmed, with costs.

The record supports the finding that the one-day delay beyond the 90-day time period to serve a notice of claim on behalf of the infant petitioner resulted from the infant's on-going treatment for serious injuries and her parent's concern for the child's condition (see, General Municipal Law § 50-e [a]; Matter of Holmes v New York City Hous. Auth., 201 A.D.2d 650; Matter of Brown v New York City Hous. Auth., 194 A.D.2d 667). The decision to grant the petitioners' application under General Municipal Law § 50-e (5) was within the court's discretion inasmuch as the application was made within the one year and 90-day period of limitations imposed by General Municipal Law § 50-i (1) (c). Considering the overall circumstances, including the minimal delay in serving the notice of claim and the lack of substantial prejudice to the appellants as a result of the delay, the granting of leave to serve a late notice of claim on behalf of the infant petitioner was not an improvident exercise of discretion (see, Matter of Holmes v New York City Hous. Auth., supra). Balletta, J.P., Thompson, Joy and Goldstein, JJ., concur.


Summaries of

Matter of Gallino v. Village of Shoreham

Appellate Division of the Supreme Court of New York, Second Department
Dec 11, 1995
222 A.D.2d 506 (N.Y. App. Div. 1995)
Case details for

Matter of Gallino v. Village of Shoreham

Case Details

Full title:In the Matter of LINNAE GALLINO et al., Respondents, v. VILLAGE OF…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 11, 1995

Citations

222 A.D.2d 506 (N.Y. App. Div. 1995)
634 N.Y.S.2d 550

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