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MATTER OF FORMISANO v. EASTCHESTER UNION FREE SCHOOL DISTRICT

59 A.D.3d 543 (2009)

873 N.Y.S.2d 162

In the Matter of JOHN-MICHAEL FORMISANO, Respondent, v. EASTCHESTER UNION FREE SCHOOL DISTRICT, Appellants.

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

Decided February 10, 2009.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the petition is denied.

Nearly six years after the then 12-year-old petitioner sustained a fractured nose at a Spring Dance sponsored by the Eastchester Middle School and held in the school gymnasium, he commenced this proceeding for leave to serve a late notice of claim. The Supreme Court granted the petition. We reverse...

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