MATTER OF WITHEY v. BD. OF EDUC. OF THE HOMER CENT. SCH. DIST.


28 A.D.2d 800 (1967)

In the Matter of Elwyn Withey, Individually and as Father and Natural Guardian of Douglas Withey, Respondent, v. Board of Education of the Homer Central School District, Appellant

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

June 28, 1967


HERLIHY, J.

Special Term made no written decision of this matter and the issue here is whether or not the record shows any basis for the exercise of discretion in allowing such late filing under subdivision 5 of section 50-e of the General Municipal Law. This statute provides that the court may in its discretion allow a late filing of a notice of claim in three specific cases. The first two cases are inapplicable and the third provides as follows: "where...

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