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MATTER OF BIRD v. PORT BYRON CENT. SCH. DIST.

231 A.D.2d 916 (1996)

647 N.Y.S.2d 627

In the Matter of Sherrie M. Bird, as Parent and Natural Guardian of April Servello, an Infant, Appellant, v. Port Byron Central School District, 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 and application granted.

Memorandum:

Supreme Court abused its discretion in denying claimant's application for leave to serve a late notice of claim (see, General Municipal Law § 50-e [5]). Respondent "acquired actual knowledge of the essential facts constituting the claim" shortly after their occurrence (General Municipal Law § 50-e [5]; see, Maurice W. v Onondaga County Dept. of...

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