MATTER OF HERNANDEZ v. INCORPORATED VIL. OF VAL. STREAM

2021-06370. Index No. 603984/21.

209 A.D.3d 1023 (2022)

177 N.Y.S.3d 604

2022 NY Slip Op 06006

In the Matter of Minerva Hernandez, Appellant, v. Incorporated Village of Valley Stream, Respondent.

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

Decided October 26, 2022.


Attorney(s) appearing for the Case

Borrell & Riso, LLP, Staten Island, NY ( John Riso of counsel), for appellant.

Michael T. Hopkins & Associates, PLLC, Garden City, NY ( Nicholas F. Miraglia of counsel), for respondent.

Iannacci, J.P., Rivera, Zayas and Dowling, JJ., concur.


In a proceeding pursuant to General Municipal Law § 50-e(5) for leave to serve a late notice of claim, the petitioner appeals from an order of the Supreme Court, Nassau County (Randy Sue Marber, J.), dated August 20, 2021. The order denied the petition and dismissed the proceeding.

Ordered that the order is affirmed, with costs.

On August 20, 2020, the petitioner allegedly was injured when she tripped and fell over a "cement concrete protrusion" in a...

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