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MATTER OF CANDINO v. STARPOINT CENT. SCH. DIST.

83 CA 13-01241

115 A.D.3d 1170 (2014)

982 N.Y.S.2d 210

2014 NY Slip Op 1852

In the Matter of JOSEPH D. CANDINO, JR., Respondent, v. STARPOINT CENTRAL SCHOOL DISTRICT et al., Appellants.

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

Decided March 21, 2014.

Appeals from an order of the Supreme Court, Erie County (John F. O'Donnell, J.), entered February 1, 2013. The order granted the application of claimant for leave to serve a late notice of claim.

It is hereby ordered that the order so appealed from is reversed on the law without costs and the application is denied.

Memorandum: We agree with respondents that Supreme Court abused its discretion in granting claimant's application seeking leave to serve a late...

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