# Fazzolari v. Board of Education

> Appellate Division of the Supreme Court of the State of New York · May 12, 1954 · 283 A.D. 999

URL: https://www.frixlaw.com/law-library/cases/5398036

## Case

- **Full name:** In the Matter of Angela M. Fazzolari, an Infant, by Carmen Fazzolari, Her Guardian ad Litem, against Board of Education of the City of Syracuse
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** May 12, 1954
- **Citations:** 283 A.D. 999; 130 N.Y.S.2d 401; 1954 N.Y. App. Div. LEXIS 6054
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5398036

## Opinion text

Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs. Memorandum: Upon the facts shown by the record before us it appears that failure to serve the notice required by section 50-e of the General Municipal Law was by reason of infancy. (See Matter of Auflero v. Town of Eastchester, 282 App. Div. 1048 ; Natoli v. Board of Educ. of City of Norwich, 277 App. Div. 915 , affd. 303 N. Y. 646 ; Matter of Hogan v. City of Cohoes, 279 App. Div. 282 , and Matter of Every v. County of Ulster, 280 App. Div. 155 .) All concur. (Appeal from an order denying claimant’s motion for permission to file a notice of claim after expiration of ninety days from time when claim arose.) Present — McCurn, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5398036. Public record. Not legal advice.