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Matter of Diebel v. Port Jefferson Sch. Dist

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 1998
249 A.D.2d 391 (N.Y. App. Div. 1998)

Opinion

April 13, 1998

Appeal from the Surrogate's Court, Suffolk County (Prudenti, S.).


Ordered that the order is affirmed insofar as appealed from, with costs payable by the estate.

The Surrogate's Court correctly determined that the petitioner's claim was time-barred, as the instant proceeding was not commenced within one year and 90 days after the happening of the event upon which the claim is based ( see, General Municipal Law § 50-i; Klein v. City of Yonkers, 53 N.Y.2d 1011, 1012).

Bracken, J.P., Copertino, Santucci, Florio and McGinity, JJ., concur.


Summaries of

Matter of Diebel v. Port Jefferson Sch. Dist

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 1998
249 A.D.2d 391 (N.Y. App. Div. 1998)
Case details for

Matter of Diebel v. Port Jefferson Sch. Dist

Case Details

Full title:In the Matter of ARTHUR B. DIEBEL, III, Individually and as Administrator…

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

Date published: Apr 13, 1998

Citations

249 A.D.2d 391 (N.Y. App. Div. 1998)
670 N.Y.S.2d 798