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MATTER OF RUIZ v. NEW YORK CITY HOUSING AUTHORITY

272 A.D.2d 402 (2000)

707 N.Y.S.2d 490

In the Matter of ISMAEL RUIZ et al., Respondents, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided May 8, 2000.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the petition is denied, the proceeding is dismissed, and the order dated July 8, 1998, is vacated.

In determining whether to permit the service of a late notice of claim (see, General Municipal Law § 50-e [5]), the court must consider (1) whether the petitioner has a reasonable excuse for the failure to serve a timely notice...

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