Cooke v. City School District

Appellate Division of the Supreme Court of New York

Cooke v. City School District

38 A.D.2d 686, 327 N.Y.S.2d 161, 1971 N.Y. App. Div. LEXIS 2792

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

DecidedDecember 9, 1971

StatusPublished

This text of 38 A.D.2d 686 (Cooke v. City School District) 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

Cooke v. City School District, 38 A.D.2d 686, 327 N.Y.S.2d 161, 1971 N.Y. App. Div. LEXIS 2792 (N.Y. Ct. App. 1971).

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Opinion

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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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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Bluebook (online)

38 A.D.2d 686, 327 N.Y.S.2d 161, 1971 N.Y. App. Div. LEXIS 2792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cooke-v-city-school-district-nyappdiv-1971.