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MATTER OF WALKER v. RIVERHEAD CENTRAL SCHOOL DISTRICT

2012-08218.

107 A.D.3d 727 (2013)

967 N.Y.S.2d 92

2013 NY Slip Op 4013

In the Matter of JAMES F. WALKER, Respondent, v. RIVERHEAD CENTRAL SCHOOL DISTRICT et al., Appellants.

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

Decided June 5, 2013.

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

The Supreme Court improvidently exercised its discretion in granting the petition for leave to serve a late notice of claim upon the Riverhead Central School District (hereinafter the District). The petitioner's assertion that he did not immediately appreciate the nature...

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