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MATTER OF FAZZOLARI v. BD. OF EDUC. OF CITY OF SYRACUSE

283 A.D. 999 (1954)

In the Matter of Angela M. Fazzolari, an Infant, by Carmen Fazzolari, Her Guardian ad Litem, Appellant, v. Board of Education of the City of Syracuse, Respondent

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

May 12, 1954.

Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs.

Memorandum:

Upon the facts shown by the record before us it appears that failure to serve the notice required by section 50-e of the General Municipal Law was by reason of infancy. (See Matter of Aufiero v. Town of Eastchester, 282 App. Div. 1048; Natoli v. Board of Educ. of City of Norwich, 277 App. Div. 915, affd. 303 N.Y. 646

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