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MATTER OF HESS v. WEST SENECA CENTRAL SCHOOL DISTRICT

CA 09-01962.

71 A.D.3d 1568 (2010)

899 N.Y.S.2d 490

In the Matter of ELIZABETH HESS, as Parent and Guardian of JASON HESS, an Infant, Respondent, v. WEST SENECA CENTRAL SCHOOL DISTRICT, Appellant, et al., Respondents.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided March 26, 2010.

It is hereby ordered that the order so appealed from is affirmed without costs.

Memorandum: Supreme Court did not abuse its discretion in granting that part of claimant's application seeking leave to serve a late notice of claim on West Seneca Central School District (respondent) pursuant to General Municipal Law § 50-e (5) (see Education Law § 3813 [2-a]). Although claimant did not offer a reasonable excuse for her failure to serve a timely notice...

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