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MATTER OF CANDINO v. STARPOINT CENTRAL SCHOOL DISTRICT

No. 214 SSM 17

24 N.Y.3d 925 (2014)

17 N.E.3d 1134

993 N.Y.S.2d 538

2014 NY Slip Op 06016

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

Court of Appeals of New York.

Decided September 4, 2014.

Attorney(s) appearing for the Case

Lipsitz Green Scime Cambria LLP, Buffalo ( John A. Collins of counsel), for appellant.

Baxter Smith & Shapiro, P.C., Buffalo ( Louis B. Dingeldey, Jr. , of counsel), for Starpoint Central School District and others, respondents.

Sugarman Law Firm LLP, Syracuse ( Jenna W. Klucsik of counsel), for Iroquois Central School District and others, respondents.

Webster Szanyi LLP, Buffalo ( Jeremy A. Colby of counsel), for West Seneca Central School District and others, respondents.

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 Appellate Division did not abuse its discretion in denying claimant's application to file and serve a late notice of claim (see General Municipal Law § 50-e [5]; Williams v Nassau County Med. Ctr., 6 N.Y.3d 531

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