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MATTER OF BENNETT v. MELE

295 A.D.2d 604 (2002)

744 N.Y.S.2d 884

In the Matter of MARGARET J. BENNETT, Appellant, v. R. MELE et al., Respondents.

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

Decided June 24, 2002.

Ordered that the order is reversed, as a matter of discretion, with costs, the application is granted, and the notice of claim is deemed served.

Whether leave to serve a late notice of claim should be granted pursuant to General Municipal Law § 50-e (5) is a matter of discretion. This Court is "vested with the same power and discretion" that the Supreme Court possesses (Phoenix Mut. Life Ins. Co. v Conway, 11 N.Y.2d 367

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