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Kornell v. Clarkstown Central School District

Appellate Division of the Supreme Court of New York, Second Department
Mar 7, 1994
202 A.D.2d 426 (N.Y. App. Div. 1994)

Opinion

March 7, 1994

Appeal from the Supreme Court, Rockland County (Lefkowitz, J.).


Ordered that the order dated September 25, 1991, is affirmed; and it is further,

Ordered that the order dated January 21, 1992, is affirmed insofar as appealed from; and it is further,

Ordered that the respondent is awarded one bill of costs.

The petitioners have failed to adequately explain the delay in seeking the relief requested. The petitioners' delay was unrelated to the injured youth's infancy, but rather, was related to a delay in discovering a causal relationship between the injury and the incident (see, Matter of Coyne v. Cold Spring Harbor Cent. School Dist., 132 A.D.2d 660; Matter of Morgan v City of Elmira, 115 A.D.2d 885).

Under the circumstances, we find that the application for leave to file a late notice of claim and the motion for renewal were properly denied (see, Matter of Schirripa v. Birch Lane Elementary School, 154 A.D.2d 536). Mangano, P.J., Balletta, O'Brien, Hart and Florio, JJ., concur.


Summaries of

Kornell v. Clarkstown Central School District

Appellate Division of the Supreme Court of New York, Second Department
Mar 7, 1994
202 A.D.2d 426 (N.Y. App. Div. 1994)
Case details for

Kornell v. Clarkstown Central School District

Case Details

Full title:In the Matter of JUDY KORNELL et al., Appellants, v. CLARKSTOWN CENTRAL…

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

Date published: Mar 7, 1994

Citations

202 A.D.2d 426 (N.Y. App. Div. 1994)
612 N.Y.S.2d 867

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