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MATTER OF FLYNN v. TOWN OF OYSTER BAY

256 A.D.2d 341 (1998)

681 N.Y.S.2d 337

In the Matter of DONNA FLYNN, Respondent, v. TOWN OF OYSTER BAY, Appellant.

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

Decided December 7, 1998.

Ordered that the order is affirmed, with costs.

"Error concerning the identity of the governmental entity to be served can be excused provided that a prompt application for relief is made after discovery of the error (see, Matter of Morris v County of Suffolk, 58 N.Y.2d 767; Matter of Harris v Dormitory Auth., 168 A.D.2d 560)" (Matter of Farrell v City of New York,

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