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BARTOLOTTA v. COUNTY OF WYOMING

231 A.D.2d 899 (1996)

647 N.Y.S.2d 622

Edward J. Bartolotta et al., Appellants, v. County of Wyoming, Defendant, and Town of Wethersfield, Respondent

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

September 27, 1996

Order unanimously reversed on the law with costs, motion denied as unnecessary and cross motion denied.

Memorandum:

Supreme Court should have denied claimants' motion for permission to file a late notice of claim as unnecessary because the notice was timely filed. Claimants mailed a notice of claim to the Town Clerk of the Town of Wethersfield (Town) on May 17, 1993 by certified mail, properly placing the notice in a depository of the United States Postal...

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