Keen v. Village of Penn Yan

Appellate Division of the Supreme Court of New York

Keen v. Village of Penn Yan

39 A.D.2d 826, 332 N.Y.S.2d 986, 1972 N.Y. App. Div. LEXIS 4502

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

DecidedMay 25, 1972

StatusPublished

This text of 39 A.D.2d 826 (Keen v. Village of Penn Yan) 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

Keen v. Village of Penn Yan, 39 A.D.2d 826, 332 N.Y.S.2d 986, 1972 N.Y. App. Div. LEXIS 4502 (N.Y. Ct. App. 1972).

Pincite

Opinion

Order unanimously reversed, without costs, and motion denied. Memorandum: On September 1, 1971 petitioner sought leave to file a late notice of claim. He alleged that on May 15, 1971 he took a dozen sleeping pills and was arrested later that day on a charge of public intoxication. He further alleged that on May 15 and 16, while in the Village of Penn Yan jail, he suffered lacerations and contusions of the skull and from May 16 to June 4 was in a hospital, and that from May 16 to the time of making the application, he was despondent, unable to concentrate and suffered memory lapses, f Petitioner does not claim to have sought any medical treatment after June 4 and there is no medical proof that he was disabled from June 4 to August 14, the last day for filing a notice of claim. The record does not support a finding that petitioner was unable to serve a notice of claim within 90 days due to physical disability (Bregman v. New York City Tr. Auth. 34 A D 2d 929). (Appeal from order of Yates Special Term granting motion to file late notice of claim.) Present— Goldman, P. J., Del Vecehio, Gabrielli, Moule and Henry, JJ.

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Order unanimously reversed, without costs, and motion denied. Memorandum: On September 1, 1971 petitioner sought leave to file a late notice of claim. He alleged that on May 15, 1971 he took a dozen sleeping pills and was arrested later that day on a charge of public intoxication. He further alleged that on May 15 and 16, while in the Village of Penn Yan jail, he suffered lacerations and contusions of the skull and from May 16 to June 4 was in a hospital, and that from May 16 to the time of making the application, he was despondent, unable to concentrate and suffered memory lapses, f Petitioner does not claim to have sought any medical treatment after June 4 and there is no medical proof that he was disabled from June 4 to August 14, the last day for filing a notice of claim. The record does not support a finding that petitioner was unable to serve a notice of claim within 90 days due to physical disability (Bregman v. New York City Tr. Auth. 34 A D 2d 929). (Appeal from order of Yates Special Term granting motion to file late notice of claim.) Present— Goldman, P. J., Del Vecehio, Gabrielli, Moule and Henry, JJ.

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Bluebook (online)

39 A.D.2d 826, 332 N.Y.S.2d 986, 1972 N.Y. App. Div. LEXIS 4502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keen-v-village-of-penn-yan-nyappdiv-1972.