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MATTER OF GILBERT v. EDEN CENTRAL SCHOOL DISTRICT

306 A.D.2d 925 (2003)

762 N.Y.S.2d 463

In the Matter of KENNETH C. GILBERT et al., Respondents, v. EDEN CENTRAL SCHOOL DISTRICT et al., Appellants, et al., Respondent.

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

Decided June 13, 2003.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court did not abuse its discretion in granting claimants' application seeking leave to serve a late notice of claim on Eden Central School District and Eden Central School District Board of Education (respondents) pursuant to Education Law § 3813 (2-a) (see General Municipal Law § 50-e [5]). Even assuming...

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