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MATTER OF RICCIO v. TOWN OF EASTCHESTER

65 A.D.3d 591 (2009)

883 N.Y.S.2d 714

In the Matter of SHANE RICCIO et al., Appellants, v. TOWN OF EASTCHESTER, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided August 11, 2009.

Ordered that the order is affirmed, with costs.

On July 13, 2007 the infant petitioner Shane Riccio allegedly was injured in the playground of Lake Isle Park in the respondent Town of Eastchester when he was knocked from a slide. More than 10 months later, on May 23, 2008, Shane and his mother (hereinafter together the petitioners) petitioned for leave to serve a late notice of claim upon the Town, alleging that Shane's injuries were caused by the Town's negligence...

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