MATTER OF GUMKOWSKI v. TOWN OF TONAWANDA

1509 CA 17-01145.

156 A.D.3d 1481 (2017)

65 N.Y.S.3d 891

2017 NY Slip Op 09079

In the Matter of KATHLEEN GUMKOWSKI, Individually and as Administratrix of the Estate of GREGORY GUMKOWSKI, Deceased, Respondent, v. TOWN OF TONAWANDA (Incorrectly Named as Town of Tonawanda, Town of Tonawanda EMS and Town of Tonawanda Police Department), Appellant.

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

Decided December 22, 2017.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Respondent appeals from an order that, inter alia, granted claimant's application for leave to serve a late notice of claim (see generally General Municipal Law § 50-e [5]). We affirm. In determining whether to grant such an application, Supreme Court should consider "whether the claimant has shown a reasonable excuse for the delay, whether the municipality...

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