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BERG v. TOWN OF OYSTER BAY

300 A.D.2d 330 (2002)

752 N.Y.S.2d 58

MICHAEL BERG et al., Appellants, v. TOWN OF OYSTER BAY et al., Respondents, et al., Defendant.

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

Decided December 9, 2002.

Ordered that the appeal by Susan Berg, individually, is dismissed, as she is not aggrieved by the order appealed from (see CPLR 5511); and it is further,

Ordered that the order is affirmed; and it is further,

Ordered that one bill of costs is awarded to the respondents.

The Supreme Court providently exercised its discretion in denying the motion for leave to serve a late notice of claim some two years after the claim arose.

In determining...

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