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Matter of Jackson v. City of New Rochelle

Appellate Division of the Supreme Court of New York, Second Department
May 13, 1996
227 A.D.2d 483 (N.Y. App. Div. 1996)

Opinion

May 13, 1996

Appeal from the Supreme Court, Westchester County (Donovan, J.).


Ordered that the order is reversed, as a matter of discretion, with costs, the application is denied, the cross motion is granted, and the proceeding is dismissed as to the Board of Education of the City of New Rochelle.

The Supreme Court improvidently exercised its discretion in granting the petitioners leave to serve a late notice of claim against the Board of Education. While General Municipal Law § 50-e and Education Law § 3813 authorized the court, upon a proper showing, to extend the petitioners' time to serve the notice of claim, the record does not support the court's determination. It is uncontroverted that the Board of Education did not acquire actual knowledge of the essential facts constituting the petitioners' claim within three months of the accrual of such claim, or a reasonable time thereafter ( see, Education Law § 3813 [2-a]). In addition, the petitioners' claimed ignorance of the need to serve a notice of claim upon the Board of Education is an unacceptable excuse ( see generally, Weber v. County of Suffolk, 208 A.D.2d 527; Matter of Sanna v. Bethpage Pub. Schools Union Free School Dist. 21, 193 A.D.2d 606, 607). Accordingly, the petitioners' application is denied and the Board of Education's cross motion to dismiss the application is granted. Miller, J.P., O'Brien, Copertino and Pizzuto, JJ., concur.


Summaries of

Matter of Jackson v. City of New Rochelle

Appellate Division of the Supreme Court of New York, Second Department
May 13, 1996
227 A.D.2d 483 (N.Y. App. Div. 1996)
Case details for

Matter of Jackson v. City of New Rochelle

Case Details

Full title:In the Matter of CLAUDIA JACKSON et al., Respondents, v. CITY OF NEW…

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

Date published: May 13, 1996

Citations

227 A.D.2d 483 (N.Y. App. Div. 1996)
643 N.Y.S.2d 127

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