Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the respondent's motion pursuant to CPLR 404 to dismiss the petition is denied, the petition is granted, and the proposed notice of claim is deemed served.
On May 23, 2003 the infant petitioner (hereinafter the petitioner) was struck by a City of Newburgh Police Department vehicle, operated by a civilian employee of the police department, after the petitioner allegedly ran into...
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