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MATTER OF WIMBERLY v. SOUTHERN WESTCHESTER BOCES

51 A.D.3d 810 (2008)

858 N.Y.S.2d 271

In the Matter of BRANDON WIMBERLY et al., Respondents, v. SOUTHERN WESTCHESTER BOCES (BOARD OF COOPERATIVE EDUCATIONAL SERVICES), Appellant.

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

Decided May 13, 2008.

Ordered that the order is affirmed, with costs.

The petitioners commenced this proceeding for leave to serve a late notice of claim in connection with injuries that the wheelchair bound, 17-year-old petitioner (hereinafter the injured petitioner), who has suffered from developmental disabilities from cerebral palsy since birth, allegedly sustained during physical therapy on November 21, 2005, in a program operated by Southern Westchester BOCES (Board of Cooperative...

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