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MATTER OF DALTON v. AKRON CENTRAL SCHOOLS

No. 258 SSM 33

22 N.Y.3d 1000 (2013)

2 N.E.3d 928

979 N.Y.S.2d 559

2013 NY Slip Op 8198

In the Matter of DAVID H. DALTON, II, Respondent, v. AKRON CENTRAL SCHOOLS, Appellant.

Court of Appeals of New York.

Decided December 10, 2013.

Attorney(s) appearing for the Case

Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, Uniondale ( Gregory A. Cascino of counsel), for appellant.

Lipsitz, Greene, Scime, Cambria, LLP, Buffalo ( John A. Collins , of counsel), for respondent.

Concur: Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS-SALAAM.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs. The courts below did not abuse their discretion in granting claimant's application to file and serve a late notice of claim (see Williams v Nassau County Med. Ctr., 6 N.Y.3d 531

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