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IN THE MATTER OF SCOTT v. HUNTINGTON UNION FREE SCHOOL DISTRICT

29 A.D.3d 1010 (2006)

816 N.Y.S.2d 165

In the Matter of KENDALL SCOTT, Respondent, v. HUNTINGTON UNION FREE SCHOOL DISTRICT, Appellant.

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

May 30, 2006.

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

The Supreme Court improvidently exercised its discretion in granting the petition. General Municipal Law § 50-e (7) provides, in pertinent part, "[w]here the application is for leave to serve a late notice of claim, it shall be accompanied by a copy of the proposed notice of claim." Here, no proposed notice of claim was submitted as part of the...

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