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MATTER OF GUMINIAK v. CITY OF MOUNT VERNON INDUSTRIAL DEVELOPMENT AGENCY

2009-07893

68 A.D.3d 1111 (2009)

2009 NY Slip Op 9658

891 N.Y.S.2d 469

In the Matter of MARIUSZ GUMINIAK, Respondent, v. CITY OF MOUNT VERNON INDUSTRIAL DEVELOPMENT AGENCY, Appellant.

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

Decided December 22, 2009.

Ordered that the order is reversed, on the law and the facts, with costs, and the petition is denied.

The Supreme Court erred in granting the petitioner leave to serve a late notice of claim. The petitioner's delay in serving the notice of claim was the result of law office failure, which is not an acceptable excuse for the failure to timely comply with the provisions of General Municipal Law § 50-e (see Bridgeview at Babylon Cove Homeowners Assn., Inc. v...

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