Matter of Dalton v Akron Cent. Schs.
2013 NY Slip Op 08198 [22 NY3d 1000]
December 10, 2013
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 12, 2014


[*1]
In the Matter of David H. Dalton, II, Respondent,
v
Akron Central Schools, Appellant.

Decided December 10, 2013

Dalton v Akron Cent. Schools, 107 AD3d 1517, affirmed.

APPEARANCES OF COUNSEL

Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, Uniondale (Gregory A. Cascino of counsel), for appellant.

Lipsitz, Greene, Scime, Cambria, LLP, Buffalo (John A. Collins of counsel), for respondent.

{**22 NY3d at 1000} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs. The courts below did not abuse their discretion in granting claimant's application to file and serve a late notice of claim (see Williams v Nassau County Med. Ctr., 6 NY3d 531 [2006]).

Concur: Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam.