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MATTER OF AMOROSI v. SOUTH COLONIE INDEPENDENT CENTRAL SCHOOL DISTRICT

34 A.D.3d 1073 (2006)

825 N.Y.S.2d 561

In the Matter of JENNIFER AMOROSI, Respondent, v. SOUTH COLONIE INDEPENDENT CENTRAL SCHOOL DISTRICT et al., Appellants.

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

Decided November 22, 2006.

Lahtinen, J.

Petitioner commenced this proceeding in September 2005 seeking leave to serve a late notice of claim (see Education Law § 3813 [1]) for alleged discrimination under Executive Law § 296 which occurred no later than January 2004. Supreme Court granted petitioner's application, prompting this appeal by respondents, and we now reverse.

Since Supreme Court had no discretion to extend the time in which to serve the notice of claim beyond...

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