Ordered that the order is affirmed insofar as appealed from; and it is further,
Ordered that the judgment is affirmed; and it is further,
Ordered that the respondent is awarded one bill of costs.
Under the circumstances presented here, the Supreme Court did not improvidently exercise its discretion in dismissing the proceeding for leave to serve a late notice of claim. Accordingly, the court also correctly awarded summary judgment to the Board of Trustees...
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