Jarrod W.S. v. Jordan-Elbridge Cent. Sch. Dist.

Summary

The Appellate Division, Fourth Department dismissed the appeal insofar as it challenged denial of leave to reargue. It modified the order to grant leave to serve a late notice of claim for claims asserted on behalf of J.S., deem that notice timely served nunc pro tunc, and reinstate the amended complaint as to those claims.

Holdings

1. The appeal was dismissed insofar as it challenged the denial of leave to reargue.
2. In the exercise of its discretion, the court granted plaintiffs' motion in part for leave to serve a late notice of claim with respect to claims asserted on behalf of J.S. and deemed the notice of claim timely served nunc pro tunc.
3. The amended complaint was reinstated with respect to the claims asserted on behalf of J.S.

Questions Presented

1. Whether the appeal from the denial of leave to reargue was reviewable.
2. Whether plaintiffs should be granted leave to serve a late notice of claim with respect to claims asserted on behalf of J.S.
3. Whether the amended complaint should be reinstated with respect to those claims.
4. Whether the order should otherwise be affirmed, including its denial of recusal.

Disposition

other