Alaimo v. Nassau County Department of Health

Appellate Division of the Supreme Court of New York

Alaimo v. Nassau County Department of Health

151 A.D.2d 570, 543 N.Y.S.2d 930, 1989 N.Y. App. Div. LEXIS 7881

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 12, 1989

StatusPublished

This text of 151 A.D.2d 570 (Alaimo v. Nassau County Department of Health) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alaimo v. Nassau County Department of Health, 151 A.D.2d 570, 543 N.Y.S.2d 930, 1989 N.Y. App. Div. LEXIS 7881 (N.Y. Ct. App. 1989).

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Opinion

In a proceeding pursuant to Education Law § 3813 (2-a) for leave to serve a late notice of claim, the appeal is from an order of the Supreme Court, Nassau County (Wager, J.), dated July 13, 1988, which granted the application.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the appellants’ present contentions, the absence of an acceptable excuse for the delay does not necessarily prove fatal to an application for leave to serve a late notice of claim, nor does such an application require consideration of the substantive merits of the lawsuit (see, Matter of Reisse v County of Nassau, 141 AD2d 649). In view of the record before us and the absence of prejudice to the appellants, we conclude that the granting of the application did not constitute an improvident exercise of discretion. Mangano, J. P., Thompson, Sullivan and Balletta, JJ., concur.

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In a proceeding pursuant to Education Law § 3813 (2-a) for leave to serve a late notice of claim, the appeal is from an order of the Supreme Court, Nassau County (Wager, J.), dated July 13, 1988, which granted the application.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the appellants’ present contentions, the absence of an acceptable excuse for the delay does not necessarily prove fatal to an application for leave to serve a late notice of claim, nor does such an application require consideration of the substantive merits of the lawsuit (see, Matter of Reisse v County of Nassau, 141 AD2d 649). In view of the record before us and the absence of prejudice to the appellants, we conclude that the granting of the application did not constitute an improvident exercise of discretion. Mangano, J. P., Thompson, Sullivan and Balletta, JJ., concur.

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Bluebook (online)

151 A.D.2d 570, 543 N.Y.S.2d 930, 1989 N.Y. App. Div. LEXIS 7881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alaimo-v-nassau-county-department-of-health-nyappdiv-1989.

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