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Cooke v. City School District

38 A.D.2d 686 Court N.Y. App. Div. Decision date 1971-12-09 English

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p. 686
Daniel Cooke, an Infant, by Louise Cooke, Her Mother and Natural Guardian, Respondent, v. City School District, Rochester, Appellant.

Order unanimously reversed, without costs, and motion denied without prejudice to its renewal upon proper papers. Memorandum: This record which failed to set forth the infant’s age was insufficient for 'Special Term to exercise its discretion in permitting the filing of a late claim (General Municipal Law, § 50-e, subd. 5; Chao v. Westhill Cent. School Dist.) 35 A D 2d 1071 ). (Appeal from order of Monroe Special Term, granting motion to file late notice of claim.) Present — Del Vecchio, J. P., Marsh, Gabrielli, Cardamone and Henry, JJ.

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