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MATTER OF MELISSA G. v. NORTH BABYLON UNION FREE SCHOOL DISTRICT

50 A.D.3d 901 (2008)

855 N.Y.S.2d 276

In the Matter of MELISSA G. et al., Appellants, v. NORTH BABYLON UNION FREE SCHOOL DISTRICT, Respondent.

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

Decided April 15, 2008.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is modified, on the law and as an exercise of discretion, by deleting the provision thereof dismissing that portion of the proceeding which was for leave to serve a late notice of claim on behalf of Melissa G.; as so modified, the judgment is affirmed, that branch of the petition which was for leave to serve a late notice of claim on behalf of Melissa G. is reinstated...

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