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MATTER OF D.M. v. CENTER MORICHES UNION FREE SCH. DIST.

2016-03874. Index No. 14828/15.

151 A.D.3d 970 (2017)

2017 NY Slip Op 05090

54 N.Y.S.3d 161

In the Matter of D.M., an Infant, by His Mother and Natural Guardian, KERRI-ANNE M., et al., Respondents, v. CENTER MORICHES UNION FREE SCHOOL DISTRICT, Appellant.

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

Decided June 21, 2017.

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

The infant petitioner allegedly was injured in gym class on September 5, 2014. On August 24, 2015, the petitioners commenced this proceeding for leave to serve a late notice of claim upon the Center Moriches Union Free School District (hereinafter the School District) pursuant to General Municipal Law § 50-e (5...

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