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Matter of Artis v. Board of Education

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1996
224 A.D.2d 413 (N.Y. App. Div. 1996)

Opinion

February 5, 1996

Appeal from the Supreme Court, Suffolk County (Floyd, J.).


Ordered that the order is affirmed, with costs.

The record establishes that on the date of the subject shooting incident at Amityville High School the appellant acquired actual knowledge of the facts underlying the petitioner's claim (see, Matter of Sanna v. Bethpage Pub. Schools Union Free School Dist. 21, 193 A.D.2d 606; Matter of Tortorici v. East Rockaway Pub. School Dist. 19, 191 A.D.2d 495; Friedman v. Syosset Cent. School Dist., 154 A.D.2d 337). In addition, the appellant failed to substantiate its assertion that it would be prejudiced by the late service of the petitioner's notice of claim (see, Matter of Sanna v. Bethpage Pub. Schools Union Free School Dist. 21, supra). Accordingly, the Supreme Court did not improvidently exercise its discretion in granting the petitioner's application for permission to serve a late notice of claim (see, General Municipal Law § 50-e). Rosenblatt, J.P., O'Brien, Pizzuto and Goldstein, JJ., concur.


Summaries of

Matter of Artis v. Board of Education

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1996
224 A.D.2d 413 (N.Y. App. Div. 1996)
Case details for

Matter of Artis v. Board of Education

Case Details

Full title:In the Matter of RONEAL ARTIS, Respondent, v. BOARD OF EDUCATION OF…

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

Date published: Feb 5, 1996

Citations

224 A.D.2d 413 (N.Y. App. Div. 1996)
638 N.Y.S.2d 99