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MATTER OF TROTMAN v. ROCHESTER CITY SCHOOL DISTRICT

CA 09-00673.

67 A.D.3d 1484 (2009)

889 N.Y.S.2d 359

2009 NY Slip Op 08664

In the Matter of KYLE O. TROTMAN, Appellant, v. ROCHESTER CITY SCHOOL DISTRICT, Respondent.

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

Decided November 20, 2009.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the application is granted and the notice of claim is deemed timely served nunc pro tunc.

Memorandum: We conclude that Supreme Court abused its discretion in denying claimant's application for leave to serve a late notice of claim. Although claimant failed to offer a reasonable excuse for the delay in serving a notice...

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