MATTER OF SOTO v. BRENTWOOD UNION FREE SCHOOL DISTRICT


296 A.D.2d 552 (2002)

745 N.Y.S.2d 912

In the Matter of GABRIEL SOTO, an Infant, by His Father and Natural Guardian, JESUS SOTO, Respondent, v. BRENTWOOD UNION FREE SCHOOL DISTRICT, Appellant.

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

Decided July 22, 2002.


Ordered that the order is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.

The Supreme Court erred in granting the petitioner leave to serve a late notice of claim. The petitioner failed to proffer an adequate explanation for the failure to serve a timely notice of claim, the Brentwood Union Free School District (hereinafter the District) did not acquire actual knowledge of the essential facts constituting the claim within...

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