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MATTER OF DIGGS v. BOARD OF EDUCATION OF CITY OF YONKERS

2009-09268.

79 A.D.3d 869 (2010)

912 N.Y.S.2d 688

In the Matter of LEXIIS FIELDING DIGGS, an Infant, by MARLA DIGGS, Her Parent and Natural Guardian, Respondent, v. BOARD OF EDUCATION OF CITY OF YONKERS, Appellant, et al., Respondents.

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

Decided December 14, 2010.

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 the Board of Education of the City of Yonkers is denied.

In determining if a petitioner should be granted leave to serve a late notice of claim, the courts consider whether "(1) the public corporation (or its attorney...

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