MATTER OF MARK v. BD. OF EDUC. OF THE CITY OF NEW YORK


255 A.D.2d 586 (1998)

681 N.Y.S.2d 81

In the Matter of Philip Mark et al., Appellants, v. Board of Education of the City of New York et al., Respondents

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

November 30, 1998


Ordered that the order is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion in denying the petitioners' application for leave to serve a late notice of claim. The petitioners have failed to present a legally-acceptable excuse for their delay of almost six months after the 90-day statutorily-prescribed period (see, Matter of Santana v City of New York, 211 A.D.2d 636; Winter v...

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