| Herbek-passalacqua v Board of Educ. |
| 2005 NY Slip Op 08545 [30 AD3d 1118] |
| Decided on November 10, 2005 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on November 10, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., HURLBUTT, GORSKI, SMITH, AND LAWTON, JJ.
1366 CA 05-00353
[*1]HEIDI HERBEK-PASSALACQUA, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF ILSE KRISTEN HERBECK, AN INFANT, 15 YEARS OF AGE, PLAINTIFF-APPELLANT, ORDER
v
BOARD OF EDUCATION, VICTOR CENTRAL SCHOOL DISTRICT, DEFENDANT-RESPONDENT.
Appeal from an order of the Supreme Court, Ontario County (Frederick G. Reed, A.J.), entered November 1, 2004 in a personal injury action. The order denied plaintiff's application for leave to serve a late notice of claim.
HALL AND KARZ, CANANDAIGUA (PETER ROLPH OF COUNSEL), FOR PLAINTIFF-APPELLANT.
OSBORN, REED & BURKE, LLP, ROCHESTER (AIMEE LA FEVER KOCH OF COUNSEL), FOR DEFENDANT-RESPONDENT.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: November 10, 2005
JoAnn M. Wahl
Clerk of the Court