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MATTER OF JAGACKI v. BD. OF EDUC. OF THE CITY OF NEW YORK

34 A.D.2d 957 (1970)

In the Matter of William J. Jagacki, an Infant, by His Father and Natural Guardian, Frank Jagacki, Respondent, v. Board of Education of the City of New York, Appellant

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

June 1, 1970

Order reversed, on the law and the facts, with $10 costs and disbursements, and application denied.

Whether or not the initial failure to file a notice of claim within the prescribed 90-day period is legally attributable to the infant respondent's disability, it is apparent upon this record that the application for leave to file a late claim was not, as a matter of law, made "within a reasonable time after the expiration of the * * * [said 90-day period]" (General...

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