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MATTER OF PAPAYANNAKOS v. LEVITTOWN MEMORIAL SPECIAL EDUCATION CENTER

38 A.D.3d 902 (2007)

834 N.Y.S.2d 214

In the Matter of CAROLE PAPAYANNAKOS et al., Appellants, v. LEVITTOWN MEMORIAL SPECIAL EDUCATION CENTER et al., Respondents.

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

Decided March 27, 2007.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the petition for leave to serve a late notice of claim upon the respondents. The petitioners did not offer a valid excuse for their failure to timely serve a notice of claim. The injured petitioner's assertion that the six-month delay in seeking leave to serve a late notice was due to her physical incapacity and pain was supported solely by her own conclusory...

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