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  5. 249 A.D.2d 391 (1998)
 

MATTER OF DIEBEL v. PORT JEFFERSON SCH. DIST.

249 A.D.2d 391 (1998)

670 N.Y.S.2d 798

In the Matter of Arthur B. Diebel, Iii, Individually and as Administrator of The Estate of Arthur B. Diebel, Jr., Deceased, Appellant, v. Port Jefferson School District, Respondent

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

April 13, 1998

Ordered that the order is affirmed insofar as appealed from, with costs payable by the estate.

The Surrogate's Court correctly determined that the petitioner's claim was time-barred, as the instant proceeding was not commenced within one year and 90 days after the happening of the event upon which the claim is based (see, General Municipal Law § 50-i; Klein v City of Yonkers, 53 N.Y.2d 1011<...

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