Scolo v. Cent. Islip Union Free Sch. Dist., 40 A.D.3d 1104 (N.Y. App. Div. 2007). · Go Syfert
Scolo v. Cent. Islip Union Free Sch. Dist., 40 A.D.3d 1104 (N.Y. App. Div. 2007). Cases Citing This Book View Copy Cite
32 citation events (32 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of DeGarmo v. City of New York (nyappdiv, 2025-04-23)
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
cited Cited as authority (rule) Matter of DeGarmo v. City of New York
N.Y. App. Div. · 2025 · confidence medium
School Dist. , 50 AD3d at 150; Matter of Scolo v Central Islip Union Free School Dist. , 40 AD3d 1104, 1106; Matter of Dunlea v Mahopac Cent.
discussed Cited as authority (rule) Sparrow v. Hewlett-Woodmere Union Free School District
N.Y. App. Div. · 2013 · confidence medium
Finally, the petitioner failed to rebut the respondent’s assertions that the delay of 4x/2 years from the date of the accident in commencing this proceeding will substantially prejudice its ability to investigate the facts, and to locate and examine witnesses while their memories of the facts are still fresh (see Matter of Joseph v City of New York, 101 AD3d at 722 ; Matter of Formisano v Eastchester Union Free School Dist., 59 AD3d 543, 545 [2009]; Matter of Scolo v Central Islip Union Free School Dist., 40 AD3d 1104, 1106 [2007]).
discussed Cited as authority (rule) Sparrow v. Hewlett-Woodmere Union Free School District
N.Y. App. Div. · 2013 · confidence medium
Finally, the petitioner failed to rebut the respondent’s assertions that the delay of 4x/2 years from the date of the accident in commencing this proceeding will substantially prejudice its ability to investigate the facts, and to locate and examine witnesses while their memories of the facts are still fresh (see Matter of Joseph v City of New York, 101 AD3d at 722 ; Matter of Formisano v Eastchester Union Free School Dist., 59 AD3d 543, 545 [2009]; Matter of Scolo v Central Islip Union Free School Dist., 40 AD3d 1104, 1106 [2007]).
cited Cited as authority (rule) Claud v. West Babylon Union Free School District
N.Y. App. Div. · 2013 · confidence medium
School Dist., 65 AD3d 1141, 1142 [2009]; Matter of Scolo v Central Islip Union Free School Dist., 40 AD3d 1104, 1106 [2007]).
cited Cited as authority (rule) Claud v. West Babylon Union Free School District
N.Y. App. Div. · 2013 · confidence medium
School Dist., 65 AD3d 1141, 1142 [2009]; Matter of Scolo v Central Islip Union Free School Dist., 40 AD3d 1104, 1106 [2007]).
discussed Cited as authority (rule) Gunsam v. Eastern Suffolk Board of Cooperative Educational Services
N.Y. App. Div. · 2013 · confidence medium
Furthermore, while the principal and the nurse of the learning center, and the injured petitioner’s aide, were aware that the injured petitioner was injured when he was struck by the lunch bag, the petitioners did not establish that the appellant had timely, actual knowledge of the essential facts underlying their claim that another student assaulted the injured petitioner as a result of the appellant’s employees’ negligent supervision (see Matter of Scolo v Central Islip Union Free School Dist., 40 AD3d 1104, 1106 [2007]; Matter of Padovano v Massapequa Union Free School Dist., 31 AD3d …
discussed Cited as authority (rule) Gunsam v. Eastern Suffolk Board of Cooperative Educational Services
N.Y. App. Div. · 2013 · confidence medium
Furthermore, while the principal and the nurse of the learning center, and the injured petitioner’s aide, were aware that the injured petitioner was injured when he was struck by the lunch bag, the petitioners did not establish that the appellant had timely, actual knowledge of the essential facts underlying their claim that another student assaulted the injured petitioner as a result of the appellant’s employees’ negligent supervision (see Matter of Scolo v Central Islip Union Free School Dist., 40 AD3d 1104, 1106 [2007]; Matter of Padovano v Massapequa Union Free School Dist., 31 AD3d …
cited Cited as authority (rule) Anderson v. New York City Department of Education
N.Y. App. Div. · 2013 · confidence medium
School Dist., 50 AD3d 138, 150, 152 [2008]; Matter of Scolo v Central Islip Union Free School Dist., 40 AD3d 1104, 1106 [2007]; Matter of Doyle v Elwood Union Free School Dist., 39 AJDSd 544 [2007]).
cited Cited as authority (rule) Anderson v. New York City Department of Education
N.Y. App. Div. · 2013 · confidence medium
School Dist., 50 AD3d 138, 150, 152 [2008]; Matter of Scolo v Central Islip Union Free School Dist., 40 AD3d 1104, 1106 [2007]; Matter of Doyle v Elwood Union Free School Dist., 39 AJDSd 544 [2007]).
discussed Cited as authority (rule) Joseph v. City of New York
N.Y. App. Div. · 2012 · confidence medium
While an occurrence report was prepared by the New York City Department of Education about two weeks after the accident, that report, which merely indicated that the petitioner had been injured in the cafeteria when she fell as she was getting up from a lunch table, did not establish that the appellants had timely, actual knowledge of the essential facts underlying her claim of negligent supervision (see Matter of Scolo v Central Islip Union Free School Dist., 40 AD3d 1104, 1106 [2007]; Matter of Doyle v Elwood Union Free School Dist., 39 AD3d 544 [2007]; Matter of Scott v Huntington Union Fre…
discussed Cited as authority (rule) Joseph v. City of New York
N.Y. App. Div. · 2012 · confidence medium
While an occurrence report was prepared by the New York City Department of Education about two weeks after the accident, that report, which merely indicated that the petitioner had been injured in the cafeteria when she fell as she was getting up from a lunch table, did not establish that the appellants had timely, actual knowledge of the essential facts underlying her claim of negligent supervision (see Matter of Scolo v Central Islip Union Free School Dist., 40 AD3d 1104, 1106 [2007]; Matter of Doyle v Elwood Union Free School Dist., 39 AD3d 544 [2007]; Matter of Scott v Huntington Union Fre…
cited Cited as authority (rule) Kim L. v. Port Jervis City School District
N.Y. App. Div. · 2010 · signal: cf. · confidence medium
School Dist., 241 AD2d 883 [1997]; cf. Matter of Scolo v Central Islip Union Free School Dist., 40 AD3d 1104, 1106 [2007]; Matter of Scott v Huntington Union Free School Dist., 29 AD3d 1010 [2006]).
discussed Cited as authority (rule) Werner v. Nyack Union Free School District
N.Y. App. Div. · 2010 · confidence medium
The petitioner failed to rebut the respondent’s assertion that the extensive delay deprived it of the opportunity to conduct a timely and meaningful investigation of the matter (see Matter of Scolo v Central Islip Union Free School Dist., 40 AD3d 1104, 1105 [2007]; Matter of Price v Board of Educ. of City of Yonkers, 300 AD2d 310, 311 [2002]; Matter of Booker v Wyandanch Union Free School Dist., 239 AD2d 574 [1997]).
cited Cited as authority (rule) Whittaker v. New York City Board of Education
N.Y. App. Div. · 2010 · confidence medium
School Dist., 50 AD3d at 149-150 ; Matter of Scolo v Central Islip Union Free School Dist., 40 AD3d 1104, 1105-1106 [2007]).
discussed Cited as authority (rule) Troy v. Town of Hyde Park
N.Y. App. Div. · 2009 · confidence medium
Middle School, 52 AD3d 838, 839 [2008]; Matter of Scolo v Central Islip Union Free School Dist., 40 AD3d 1104, 1106 [2007]; Matter of Doyle v Elwood Union Free School Dist., 39 AD3d 544, 545 [2007]; Matter of Henriques v City of New York, 22 AD3d 847, 848 [2005]).
discussed Cited as authority (rule) Vicari v. Grand Avenue Middle School
N.Y. App. Div. · 2008 · confidence medium
School Dist., 50 AD3d 138, 149-150 [2008]; Matter of Scolo v Central Islip Union Free School Dist., 40 AD3d 1104, 1105 [2007]; Matter of Doyle v Elwood Union Free School Dist., 39 AD3d 544, 545 [2007]; Johnson v Katonah-Lewisboro School Dist., 285 AD2d 490, 490-491 [2001]).
Retrieving the full opinion text from the archive…
In the Matter of Meghan Scolo
v.
Central Islip Union Free School District
Appellate Division of the Supreme Court of the State of New York.
May 29, 2007.
40 A.D.3d 1104
Cited by 266 opinions  |  Published

In a proceeding pursuant to General Municipal Law § 50-e (5)[*1105] for leave to serve a late notice of claim, Central Islip Union Free School District appeals from an order of the Supreme Court, Suffolk County (Spinner, J.), dated July 7, 2006, which granted the petition.

Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the petition is denied.

On November 9, 2004 the infant petitioner was six years old and in the first grade at an elementary school operated by the appellant Central Islip Union Free School District (hereinafter the School District). During gym class that day, a fellow classmate came into such forceful contact with the infant plaintiff that she needed five or six stitches above her upper lip. That day, the school’s nurse filled out an accident report, in which she wrote that the infant petitioner “was trying to pick up a ball when another student did not see her and ran into [her].”

Some time after a medical examination on August 13, 2005 the infant petitioner allegedly “developed” a scar above her upper lip. A doctor then recommended that she undergo plastic surgery to repair that scar.

On January 18, 2006 the infant petitioner and her father commenced the instant proceeding seeking leave to serve a late notice of claim upon the School District. The infant petitioner, who asserted that her classmate had “violently struck” her in her face during the gym class, and that the School District was aware that her classmate had violent propensities yet negligently supervised her, thereby sought to commence an action against the School District to recover damages for the injuries that she sustained as a result of the incident. The Supreme Court granted the petition, and thus permitted the infant petitioner and her father to serve a late notice of claim. We reverse.

Timely service of a notice of claim is a condition precedent to the commencement of an action, founded on a common-law tort, against a school district (see Education Law § 3813 [2]; General Municipal Law § 50-i [1]). In determining whether to permit the service of a late notice of claim, the court will generally consider three factors: (1) whether the petitioner has a reasonable excuse for his or her failure to timely serve a notice of claim; (2) whether the school district acquired actual notice of the essential facts of the claim within 90 days after the claim arose, or a reasonable time thereafter; and (3) whether the delay would substantially prejudice the school district in its defense (see Matter of Doyle v Elwood Union Free School Dist., 39 AD3d 544 [2007]; Matter of Padovano v Massapequa Union Free School Dist., 31 AD3d 563, 564 [2006]; Matter of Conroy v [*1106] Smithtown Cent. School Dist., 3 AD3d 492, 493 [2004]; Matter of Bordan v Mamaroneck School Dist., 230 AD2d 792 [1996]; Matter of Sica v Board of Educ. of City of N.Y., 226 AD2d 542, 542-543 [1996]).

Upon consideration of these factors, we find that the Supreme Court improvidently exercised its discretion in granting the petitioners leave to serve a late notice of claim upon the School District. The proffered excuse for the delay, to the effect that the petitioners were not aware of the extent of the infant petitioner’s injuries, was inadequate (see Matter of Greene v City of Middletown, 5 AD3d 384, 385 [2004]; see also Matter of del Carmen v Brentwood Union Free School Dist., 7 AD3d 620, 621 [2004]). Furthermore, while the school’s nurse prepared an accident report at the time of the incident, that report, which merely indicated that the infant petitioner had been injured during a gym class as a result of an accident, did not establish that the School District had actual knowledge of the essential facts underlying her claim of negligent supervision within 90 days of the incident or a reasonable time thereafter (see Matter of Doyle v Elwood Union Free School Dist., supra; Matter of Scott v Huntington Union Free School Dist., 29 AD3d 1010, 1011 [2006]; Conte v Valley Stream Cent. High School Dist., 23 AD3d 328 [2005]; Matter of del Carmen v Brentwood Union Free School Dist., supra at 621; Matter of Conroy v Smithtown Cent. School Dist., supra at 493; Matter of Price v Board of Educ. of City of Yonkers, 300 AD2d 310, 311 [2002]; Matter of Ryder v Garden City School Dist., 277 AD2d 388, 388-389 [2000]; Matter of Dunlea v Mahopac Cent. School Dist., 232 AD2d 558, 559-560 [1996]). Finally, because the report did not give the School District a reason to conduct a prompt investigation into its alleged negligence, it would therefore be prejudiced if it were compelled to prepare a defense to the claim at this late date (see Matter of Price v Board of Educ. of City of Yonkers, supra at 311; Matter of Ryder v Garden City School Dist., supra at 388-389; Matter of Dunlea v Mahopac Cent. School Dist., supra at 559-560). Mastro, J.P., Covello, Angiolillo and Dickerson, JJ., concur.