MATTER OF HURLEY v. AVON CENT. SCH. DIST.


187 A.D.2d 982 (1992)

In the Matter of Daniel S. Hurley et al., Appellants, v. Avon Central School District, Respondent. (Appeal No. 1.)

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

November 18, 1992


Order unanimously affirmed without costs.

Memorandum:

Plaintiffs appeal from an order denying their motion to serve a late notice of claim. Section 3813 of the Education Law provides, in pertinent part, that no action may be maintained against a school district unless a written verified claim upon which the action is founded is presented to the governing body of the district within three months after accrual of the claim. The court, in its discretion, may...

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