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JANTZEN v. HALF HOLLOW HILLS CENTRAL SCHOOL DISTRICT NO. 5

56 A.D.3d 474 (2008)

866 N.Y.S.2d 768

In the Matter of JAMES JANTZEN, Respondent, v. HALF HOLLOW HILLS CENTRAL SCHOOL DISTRICT No. 5, Appellant, et al., Respondent.

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

Decided November 5, 2008.

Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and that branch of the petition which was for leave to serve a late notice of claim upon Half Hollow Hills Central School District No. 5 is denied.

The Supreme Court improvidently exercised its discretion in granting that branch of the petition which was for leave to serve a late notice of claim upon the...

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