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MILLER v. BD. OF EDUC., CENT. SCH. DIST. NO. 1 OF THE TOWNS OF WELLSVILLE, SCIO, WILLING, ALMA, ANDOVER & INDEPENDENCE

37 A.D.2d 798 (1971)

Richard Miller, an Infant, by Keith Miller, his Parent and Natural Guardian, et al., Respondents, v. Board of Education, Central School District No. 1 of the Towns of Wellsville, Scio, Willing, Alma, Andover and Independence, Appellant

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

September 24, 1971

Order unanimously reversed, without costs, and motion granted.

Memorandum:

Plaintiff's son was injured on defendant's premises on October 15, 1969. Neither plaintiff nor his son filed a claim under section 50-e of the General Municipal Law within 90 days. However, they sought a court order permitting late filing on the ground that the school nurse who brought the boy home after his injury, stated that the matter had...

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