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J.G. v. ACADEMY CHARTER ELEMENTARY SCH.

2021-02718, Index No. 608862/20.

2022 NY Slip Op 02251

J. G., ETC., ET AL., Respondents, v. ACADEMY CHARTER ELEMENTARY SCHOOL, Appellant.

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

Decided April 6, 2022.

Attorney(s) appearing for the Case

Congdon, Flaherty, O'Callaghan, Travis & Fishlinger, Uniondale, NY ( Kathleen D. Foley of counsel), for appellant.

Malone, Tauber & Sohn, P.C., Freeport, NY ( Stuart T. Spitzer of counsel), for respondents.

Before: Mark C. Dillon, J.P., Colleen D. Duffy, Valerie Brathwaite Nelson, Linda Christopher, JJ.

In a proceeding pursuant to General Municipal Law § 50-e(5), inter alia, to deem a late notice of claim timely served nunc pro tunc, the Academy Charter Elementary School appeals from an order of the Supreme Court, Nassau County (Thomas Rademaker, J.), entered April 8, 2021. The order granted the application.

DECISION & ORDER

ORDERED that the order is reversed, on the facts and in the exercise of discretion, with costs, and the application is denied...

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