MATTER OF GLADSTONE v. BD. OF EDUC. OF ANDES CENT. SCH. DIST. NO. 2 OF TOWNS OF ANDES


279 A.D. 701 (1951)

In the Matter of Grace Gladstone, Respondent, v. Board of Education of Andes Central School District No. 2 of the Towns of Andes, Delhi and Bovina, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 28, 1951.


The default has not been adequately excused nor has the default been reopened. However, upon the merits the uncontradicted medical proof would justify the lower court in finding that the claimant-respondent was physically incapacitated and was suffering from such a mental instability that she was incapable of transacting any business during the sixty-day period. The order was discretionary, and we may not say that the lower court abused its discretion.

Order unanimously...

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