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IN THE MATTER OF DEL CARMEN v. BRENTWOOD UNION FREE SCHOOL DISTRICT

7 A.D.3d 620 (2004)

777 N.Y.S.2d 152

IN THE MATTER OF MARIA DEL CARMEN, Respondent, v. BRENTWOOD UNION FREE SCHOOL DISTRICT, Appellant.

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

May 10, 2004.

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, and the application is denied.

The Supreme Court improvidently exercised its discretion in granting the petitioner leave to serve a late notice of claim approximately five months after the expiration of the 90-day statutory period (see General Municipal Law § 50-e [5]). There is no evidence that the Brentwood Union Free School District (hereinafter the School District...

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