MATTER OF KMIOTEK v. SACHEM CENT. SCH. DIST.

2018-14804, Index No. 611204/18.

176 A.D.3d 1063 (2019)

111 N.Y.S.3d 322

2019 NY Slip Op 07583

In the Matter of Joseph Kmiotek et al., Respondents, v. Sachem Central School District, Appellant, et al., Respondent.

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

Decided October 23, 2019.


Attorney(s) appearing for the Case

Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, Uniondale, NY ( Christine Gasser of counsel), for appellant.

Law Offices of Kenneth M. Mollins, P.C., Hauppauge, NY ( Timothy Manning of counsel), for petitioners-respondents.

Chambers, J.P., Roman, Cohen and Duffy, JJ., concur.


Ordered that the order is reversed insofar as appealed from, on the law, on the facts, and in the exercise of discretion, with costs, and that branch of the petition which was to deem a late notice of claim timely served nunc pro tunc upon the Sachem Central School District is denied.

On August 10, 2017, at the athletic facility of Sachem High School East located in Farmingville, five members of the high school football team were engaged in a strength conditioning...

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