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MATTER OF ALDI v. BD. OF EDUC. OF CENT. SCH. DIST. NO. 1 OF THE TOWNS OF ROTTERDAM & PRINCETOWN, SCHENECTADY COUNTY

4 A.D.2d 921 (1957)

In the Matter of Joseph P. Aldi, Appellant, v. Board of Education of Central School District No. 1 of the Towns of Rotterdam and Princetown, Schenectady County, et al., Respondents

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

October 19, 1957

We find no improper exercise of discretion in the Special Term's determination that appellant was not physically incapacitated within the meaning of subdivision 5 of section 50-e, so as to be prevented by disability from filing his claim, since, after two weeks' hospitalization on account of a knee injury, he was able to go to his physician's office for treatment and to attend a workmen's compensation hearing. The alternative relief sought was to amend a notice of claim under...

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