JONES v. HEMPSTEAD SCHOOL DISTRICT


298 A.D.2d 499 (2002)

748 N.Y.S.2d 508

CHARLES JONES, Appellant, v. HEMPSTEAD SCHOOL DISTRICT, Respondent.

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

Decided October 21, 2002.


Ordered that the order is affirmed, with costs.

The plaintiff failed to establish either the existence of a justifiable excuse for his default in properly responding to the 90-day notice or a meritorious claim (see Cangemi v Cassidy, 267 A.D.2d 344, 345). Therefore, the Supreme Court properly denied his motion to vacate a prior order of the same court, dated June 19, 2001, which dismissed the complaint pursuant to CPLR 3216...

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