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Hauri v. Springville-Griffith Institute Central School District

Citations: 120 A.D.3d 1592; 992 N.Y.S.2d 662

Court: Appellate Division of the Supreme Court of the State of New York; September 26, 2014; New York; State Appellate Court

Narrative Opinion Summary

An appeal from a July 9, 2013 order of the Supreme Court, Erie County, granted the claimant's application for leave to serve a late notice of claim. On June 12 and 30, 2014, the attorneys for both parties signed a stipulation to withdraw the appeal. Consequently, the appeal has been unanimously dismissed without costs, as ordered by Justices Scudder, Centra, Carni, Lindley, and Whalen.

Legal Issues Addressed

Granting Leave to Serve Late Notice of Claim

Application: The court granted the claimant's application for leave to serve a late notice of claim, allowing the claimant to proceed despite missing the original deadline.

Reasoning: An appeal from a July 9, 2013 order of the Supreme Court, Erie County, granted the claimant's application for leave to serve a late notice of claim.

Withdrawal and Dismissal of Appeal

Application: The appeal was withdrawn by stipulation between the parties and subsequently dismissed by the court without imposing any costs.

Reasoning: On June 12 and 30, 2014, the attorneys for both parties signed a stipulation to withdraw the appeal. Consequently, the appeal has been unanimously dismissed without costs, as ordered by Justices Scudder, Centra, Carni, Lindley, and Whalen.