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Persi v. Churchville-Chili Central School District

52 N.Y.2d 988 Court N.Y. Decision date 1981-02-17 English

Contents

Majority

p. 988
In the Matter of Ernest Persi, III, et al., Appellants, v Churchville-Chili Central School District, Respondent.
Submitted January 14, 1981;
decided February 17, 1981
p. 989
APPEARANCES OF COUNSEL
Joseph A. Regan for appellants.
Ronald J. Summers for respondent.

OPINION OF THE COURT

On petitioner infant’s appeal: Order affirmed, with costs. It was not an abuse of discretion as a matter of law for the Appellate Division to have denied the application for an extension of time in which to file a late notice of claim.

On petitioner father’s appeal: Appeal dismissed, without costs, upon the ground that the appeal does not lie because petitioner father failed to appeal to the intermediate appellate court from the denial of his application for an extension of time in which to file a late notice of claim (Cohen and Karger, Powers of the New York Court of Appeals [rev ed], pp 404-405).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.