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MATTER OF R.M. v. BOARD OF EDUC. OF THE LONG BEACH CITY SCH. DIST.

2021-02263 Index No. 610601/20.

212 A.D.3d 812 (2023)

182 N.Y.S.3d 213

2023 NY Slip Op 00320

In the Matter of R.M. et al., Respondents, v. Board of Education of the Long Beach City School District, Appellant.

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

Decided January 25, 2023.

Attorney(s) appearing for the Case

Congdon, Flaherty, O'Callaghan, Fishlinger & Pavlides, Uniondale, NY ( Kathleen Foley and Christine Gasser of counsel), for appellant.

Denis G. Kelly & Associates, P.C., Long Beach, NY, for respondents.

Chambers, J.P., Wooten, Zayas and Wan, JJ., concur.

In a proceeding pursuant to General Municipal Law § 50-e(5) for leave to serve a late notice of claim, the Board of Education of the Long Beach City School District appeals from an order of the Supreme Court, Nassau County (Diccia T. Pineda-Kirwan, J.), dated March 5, 2021. The order granted the petition.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, the petition is denied, and the proceeding is dismissed.

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