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MATTER OF NUNEZ v. VILLAGE OF ROCKVILLE CTR.

2018-06425, Index No. 609551/17.

176 A.D.3d 1211 (2019)

111 N.Y.S.3d 71

2019 NY Slip Op 07783

In the Matter of Luis A. Nunez, Respondent, v. Village of Rockville Centre et al., Appellants.

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

Decided October 30, 2019.

Attorney(s) appearing for the Case

Hammill, O'Brien, Croutier, Dempsey, Pender & Koehler, P.C., Syosset, NY ( Anton Piotroski and Michael Pender of counsel), for appellants.

Frederick K. Brewington , Hempstead, NY, for respondent.

Dillon, J.P., Balkin and Austin, JJ., concur.

Ordered that the order is modified, on the law and in the exercise of discretion, (1) by deleting the provision thereof granting that branch of the petition which was for leave to serve a late notice of claim with respect to the claim alleging violations of federal civil and constitutional rights pursuant to 42 USC § 1983, and substituting therefor a provision denying that branch of the petition as unnecessary, and (2) by deleting the provision thereof granting those...

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