Gause v. Town of Babylon

Appellate Division of the Supreme Court of New York

Gause v. Town of Babylon

256 A.D.2d 341, 681 N.Y.S.2d 756

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

DecidedDecember 7, 1998

StatusPublished

This text of 256 A.D.2d 341 (Gause v. Town of Babylon) 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

Gause v. Town of Babylon, 256 A.D.2d 341, 681 N.Y.S.2d 756 (N.Y. Ct. App. 1998).

Pincite

Opinion

—In a proceeding for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5), the Town of Babylon appeals from an order of the Supreme Court, Suffolk County (Gowan, J.), dated October 21, 1997, which granted the petition.

Ordered that the order is reversed, as a matter of discretion, with costs, the petition is denied, and the proceeding is dismissed.

The petitioner failed to demonstrate, inter alia, either a reasonable excuse for his delay or that the Town of Babylon received actual notice of his claim within the statutory time or within a reasonable time thereafter (see, General Municipal Law § 50-e [5]; Matter of Finneran v City of New York, 228 [342]*342AD2d 596). Accordingly, the Supreme Court improvidently exercised its discretion in granting the petition. Bracken, J. P., Miller, Ritter and Thompson, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In a proceeding for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5), the Town of Babylon appeals from an order of the Supreme Court, Suffolk County (Gowan, J.), dated October 21, 1997, which granted the petition.

Ordered that the order is reversed, as a matter of discretion, with costs, the petition is denied, and the proceeding is dismissed.

The petitioner failed to demonstrate, inter alia, either a reasonable excuse for his delay or that the Town of Babylon received actual notice of his claim within the statutory time or within a reasonable time thereafter (see, General Municipal Law § 50-e [5]; Matter of Finneran v City of New York, 228 [342]*342AD2d 596). Accordingly, the Supreme Court improvidently exercised its discretion in granting the petition. Bracken, J. P., Miller, Ritter and Thompson, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

256 A.D.2d 341, 681 N.Y.S.2d 756, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gause-v-town-of-babylon-nyappdiv-1998.

Opinion

Related

Cite This Page — Counsel Stack