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MATTER OF D.S. v. SOUTH HUNTINGTON UNION FREE SCH. DIST.

2018-01473, 2018-06805, Index No. 611242/17.

176 A.D.3d 1075 (2019)

111 N.Y.S.3d 687

2019 NY Slip Op 07589

In the Matter of D.S., Petitioner, and M.H.R., Appellant, v. South Huntington Union Free School District et al., Respondents, et al., Respondent.

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

Decided October 23, 2019.

Attorney(s) appearing for the Case

Herzfeld & Rubin, P.C., New York, NY ( Miriam Skolnik and Sharyn Rootenberg of counsel), for appellant.

Devitt Spellman Barrett, LLP, Smithtown, NY ( John M. Denby of counsel), for respondents-respondents.

Rivera, J.P., Roman, Miller and Brathwaite Nelson, JJ., concur.

Ordered that the appeal from the order dated May 7, 2018, is dismissed, as no appeal lies from an order denying reargument; and it is further,

Ordered that the order dated December 21, 2017, is reversed insofar as appealed from, on the law, and that branch of the petition which was for leave to serve a late notice of claim upon the respondents South Huntington Union Free School District and Board of Education, South Huntington Union Free School District, on behalf...

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