Allano v. Oliva, 52 A.D.3d 507 (N.Y. App. Div. 2008). · Go Syfert
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Allano v. Oliva, 52 A.D.3d 507 (N.Y. App. Div. 2008). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases, last quoted 2009 · …should be accorded great weight at p. 509 ⚠ not in text
29 citation events (29 in the last 25 years) across 3 distinct courts.
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Ruiz v. City of New York
N.Y. App. Div. · 2017 · confidence medium
Dist., 28 NY3d at 467 ; Matter of City of New York v County of Nassau, 146 AD3d 948, 950 [2017]; Matter of Hubbard v County of Madison, 71 AD3d 1313 [2010]; Matter of Brownstein v Incorporated Vil. of Hempstead, 52 AD3d 507, 509 [2008]). “[Depending upon the particular facts of each case, the weight to be given to any one factor may be lesser or greater” (Matter of Hubbard v County of Madison, 71 AD3d at 1316 ).
discussed Cited as authority (rule) Matter of Government Employees Ins. Co. v. Suffolk County Police Dept.
N.Y. App. Div. · 2017 · confidence medium
Dist., 28 NY3d at 467 ; Matter of City of New York v County of Nassau, 146 AD3d 948, 950 [2017]; Matter of Hubbard v County of Madison, 71 AD3d 1313 [2010]; Matter of Brownstein v Incorporated Vil. of Hempstead, 52 AD3d 507, 509 [2008]). “[Depending upon the particular facts of each case, the weight to be given to any one factor may be lesser or greater” (Matter of Hubbard v County of Madison, 71 AD3d at 1316 ).
discussed Cited as authority (rule) Matter of Ramirez v. City of New York
N.Y. App. Div. · 2017 · confidence medium
Dist., 120 AD3d 634 [2014]; Matter of Viola v Ronkonkoma Middle Sch., 107 AD3d 1009 , 1010 [2013]; Kim L. v Port Jervis City School Dist., 77 AD3d 627 [2010]; Matter of Whittaker v New York City Bd. of Educ., 71 AD3d 776, 777 [2010]; Matter of Brownstein v Incorporated Vil. of Hempstead, 52 AD3d 507, 509 [2008]).
discussed Cited as authority (rule) Matter of City of New York v. County of Nassau
N.Y. App. Div. · 2017 · confidence medium
The fact that the City did not provide an excuse for its delay in serving the notices of claim is not dispositive (see Brownstein v Incorporated Vil. of Hempstead, 52 AD3d at 510; Jordan v City of New York, 41 AD3d at 659 ; Matter of March v Town of Wappinger, 29 AD3d at 999 ).
cited Cited as authority (rule) Raut Ex Rel. Harmalkar v. New York City Health & Hospitals Corp.
N.Y. App. Div. · 2016 · confidence medium
Ctr.], 56 AD3d 591 , 593 [2008], quoting Matter of Brownstein v Incorporated Vil. of Hempstead, 52 AD3d 507, 509 [2008]).
discussed Cited as authority (rule) Matter of Mitchell v. City of New York
N.Y. App. Div. · 2015 · confidence medium
Moreover, the petitioner established a lack of substantial prejudice to the City’s ability to defend the claim (see Matter of Brownstein v Incorporated Vil. of Hempstead, 52 AD3d 507, 510 [2008]). “[W]here there is actual notice and an absence of prejudice, the lack of a reasonable excuse will not bar the granting of leave to serve a late notice of claim” (Erichson v City of Poughkeepsie Police Dept., 66 AD3d at 821 ).
discussed Cited as authority (rule) Joy v. County of Suffolk
N.Y. App. Div. · 2011 · confidence medium
While the petitioner’s excuse for her failure to serve a timely notice of claim is not reasonable (see Matter of Baglivi v Town of Southold, 301 AD2d 597, 598 [2003]), where there is actual notice and absence of prejudice, the lack of a reasonable excuse will not bar the granting of leave to serve a late notice of claim (see Matter of Brownstein v Incorporated Vil. of Hempstead, 52 AD3d 507, 510 [2008]; Matter of Rivera-Guallpa v County of Nassau, 40 AD3d 1001, 1002 [2007]; Gibbs v City of New York, 22 AD3d at 720 ).
discussed Cited as authority (rule) Allstate Insurance v. City of White Plains
N.Y. App. Div. · 2010 · confidence medium
Furthermore, the appellant failed to demonstrate a potentially meritorious defense to the petition (see Matter of Gelish v Dix Hills Water Dist., 58 AD3d 841 [2009]; Matter of Brownstein v Incorporated Vil. of Hempstead, 52 AD3d 507, 509 [2008]; Gibbs v City of New York, 22 AD3d 717, 719 [2005]; Matter of Urgiles v New York City School Constr.
discussed Cited as authority (rule) Ambrico v. Lynbrook Union Free School District
N.Y. App. Div. · 2010 · confidence medium
However, whether the municipality timely acquired actual knowledge of the essential facts constituting the claim is a factor which is accorded great weight (see Matter of Brownstein v Incorporated Vil. of Hempstead, 52 AD3d 507, 509 [2008]; Matter of Felice v Eastport/South Manor Cent.
discussed Cited as authority (rule) Erichson v. City of Poughkeepsie Police Department (2×)
N.Y. App. Div. · 2009 · confidence medium
A factor that should be accorded great weight is whether the public corporation acquired timely actual knowledge of the essential facts constituting the claim (see Matter of Brownstein v Incorporated Vil. of Hempstead, 52 AD3d 507, 509 [2008]; Matter of Felice v Eastport/South Manor Cent.
discussed Cited as authority (rule) Gelish v. Dix Hills Water District (2×)
N.Y. App. Div. · 2009 · confidence medium
In determining whether to grant an application for leave to serve a late notice of claim, the key factors which the court must consider are whether the movant demonstrated a reasonable excuse for the failure to serve a timely notice of claim, whether the municipality acquired actual notice of the essential facts of the claim within 90 days after the claim arose or a rea sonable time thereafter, and whether the delay would substantially prejudice the municipality in its defense (see General Municipal Law § 50-e [5]; Matter of Blair v Pleasantville Union Free School Dist., 52 AD3d 827 [2008]; M…
discussed Cited as authority (rule) Beretey v. New York City Health & Hospitals Corp.
N.Y. App. Div. · 2008 · confidence medium
Actual knowledge of the essential facts is an important factor in determining whether to grant an extension and “should be accorded great weight” (Matter of Brownstein v Incorporated Vil. of Hempstead, 52 AD3d 507, 509 [2008]; see also Matter of Felice v Eastport/South Manor Cent.
discussed Cited "see" Matter of Gabriel v. City of Long Beach
N.Y. App. Div. · 2022 · signal: see · confidence high
Although the petitioner failed to offer a reasonable excuse for his failure to timely serve the notice of claim, "the absence of a reasonable excuse is not fatal to the petition where there was actual notice and absence of prejudice" ( Matter of Regan v City of New York , 131 AD3d at 1066 ; see Matter of Brownstein v Incorporated Vil. of Hempstead , 52 AD3d 507, 510 ; Gibbs v City of New York , 22 AD3d 717, 720 ; cf. Matter of Hampson v Connetquot Cent.
Retrieving the full opinion text from the archive…
In the Matter of Nicholas Allano
v.
Ruth D. Oliva
Appellate Division of the Supreme Court of the State of New York.
Jun 3, 2008.
52 A.D.3d 507
Published

In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent Zoning Board of Appeals of the Town of Southold dated September 1, 2006, which, after a hearing, denied the petitioner’s application for an area variance, the petitioner appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Whelan, J.), dated June 10, 2007, as granted those branches of the respondents’ motion which were to dismiss stated portions of the petition on the ground that they were time-barred and for failure to exhaust administrative remedies.

Ordered that the appeal is dismissed, without costs or disbursements.

The order appealed from is not appealable as of right (see CPLR 5701 [b]; Matter of Coppola v Good Samaritan Hosp. Med. Ctr., 296 AD2d 460 [2002]), and we decline to grant leave to appeal (see CPLR 5701 [c]). Lifson, J.P, Miller, Dillon and Eng, JJ., concur.