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MATTER OF SAMPSON v. CAZZARI

142 A.D.2d 681 (1988)

In the Matter of Sean Sampson, an Infant, by Patricia Sampson et al., His Parents, Respondent, v. Anthony Cazzari, as Town Supervisor, et al., Appellants

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

July 18, 1988

Ordered that the order is reversed, on the law, with costs, and the application is denied.

The instant application for leave to file a late notice of claim was made after the expiration of the 1-year-and-90-day period of limitations set forth in General Municipal Law § 50-i (1). The court may only grant permission to file a late notice of claim if the motion is made within the statutory period unless the statute has been tolled (General Municipal Law § 50...

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