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CIVIL SERV. EMPLOYEES' ASS'N, INC. v. BD. OF COOP. EDUC. SERVS. OF THE THIRD SUPERVISORY DIST., SUFFOLK COUNTY

202 A.D.2d 543 (1994)

610 N.Y.S.2d 814

Civil Service Employees' Association, Inc., et al., Respondents, v. Board of Cooperative Educational Services of the Third Supervisory District, Suffolk County, Appellant

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

March 21, 1994

Ordered that the order is affirmed, with costs.

We find, contrary to the defendant's contentions, that the court properly exercised its discretion in granting the plaintiffs an extension of time to serve a notice of claim (see, Education Law § 3813). The defendant acquired actual knowledge of the essential facts constituting the plaintiffs' claim within days of the incident giving rise to the subject claim. Morover, it cannot be stated that the delay in...

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