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ENGLISH v. THE BOARD OF TRUSTEES OF THE FASHION INST. OF TECH.

161860/18. Appeal No. 11956N. Case No. 2019-4359.

187 A.D.3d 436 (2020)

129 N.Y.S.3d 784

2020 NY Slip Op 05450

Silvia English, Appellant, v. The Board of Trustees of the Fashion Institute of Technology et al., Respondents.

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

Decided October 6, 2020.

Although counsel's error in identifying the proper party was arguably not excusable, the error was not due to any fault or delay on the part of petitioner, and "[t]he failure to set forth a reasonable excuse is not, by itself, fatal to the application" (Velazquez v City of N.Y. Health & Hosps. Corp. [Jacobi Med. Ctr.], 69 A.D.3d 441, 442 [1st Dept 2010], lv denied 15 N.Y.3d 711 [2010...

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