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Candino v. Starpoint Central School District

24 N.Y.3d 925 Court N.Y. Decision date 2014-09-04 English

Judges Concur: Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam.

Contents

Majority

p. 925
[17 NE3d 1134, 993 NYS2d 538]
In the Matter of Joseph D. Candino, Jr., Appellant, v Starpoint Central School District et al., Respondents.
Decided September 4, 2014
p. 926
APPEARANCES OF COUNSEL
Lipsitz Green Scime Cambria LLP, Buffalo {John A. Collins of counsel), for appellant.
Baxter Smith & Shapiro, PC., Buffalo {Louis B. Dingeldey, Jr., of counsel), for Starpoint Central School District and others, respondents.
p. 927
Sugarman Law Firm LLP, Syracuse (Jenna W. Klucsik of counsel), for Iroquois Central School District and others, respondents.
Webster Szanyi LLP, Buffalo (<Jeremy A. Colby of counsel), for West Seneca Central School District and others, respondents.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs. The Appellate Division did not abuse its discretion in denying claimant’s application to file and serve a late notice of claim (see General Municipal Law § 50-e [5]; Williams v Nassau County Med. Ctr., 6 NY3d 531 [2006]).

Concur: Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam.

Cases cited

Statutes and regulations cited