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MATTER OF SHUMWAY v. TOWN OF HEMPSTEAD

2018-14157. Index No. 606634/18.

187 A.D.3d 758 (2020)

133 N.Y.S.3d 25

2020 NY Slip Op 05511

In the Matter of Matthew S. Shumway, Appellant, v. Town of Hempstead, Respondent.

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

Decided October 7, 2020.

Ordered that the order is affirmed, with costs.

The petitioner allegedly was injured on December 30, 2017, when he slipped and fell on ice in a parking lot owned by the Town of Hempstead. By order to show cause filed May 30, 2018, the petitioner commenced this proceeding pursuant to General Municipal Law § 50-e(5) for leave to serve a late notice of claim upon the Town. The Supreme Court denied the petition, and the petitioner appeals.

In determining...

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