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IN THE MATTER OF DEWEY v. TOWN OF COLONIE

54 A.D.3d 1142 (2008)

863 N.Y.S.2d 849

In the Matter of RICHARD DEWEY et al., Respondents, v. TOWN OF COLONIE et al., Appellants.

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

September 25, 2008.

KAVANAGH, J.

Petitioner Richard Dewey injured his right knee in March 2007 when he slipped and fell on a muddy slope as he was walking in a marked pedestrian lane in the Town of Colonie, Albany County. In August 2007, petitioners sought leave to serve a late notice of claim against respondents. Supreme Court granted the application and this appeal ensued.

The decision to permit the late filing of a notice of claim pursuant to General Municipal Law § 50...

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