In the Matter of Elizabeth Hess, as Parent and Guardian of Jason Hess, an Infant v. West Seneca Central School District
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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
----------------------------------------------------------------No. 202 SSM 34
In the Matter of Elizabeth Hess,
as Parent and Guardian of Jason
Hess, an Infant,
Respondent,
v.
West Seneca Central School
District,
Appellant,
et al.,
Respondents.
Submitted by Louis B. Dingeldey, Jr., for appellant.
Submitted by Charles H. Cobb, for respondent Hess.
MEMORANDUM:
The order of the Appellate Division should be reversed, with
costs, and that part of claimant's application that sought to
file a late notice of claim against West Seneca Central School
District denied.
We agree with the Appellate Division dissenters
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SSM No. 34
that claimant's proposed negligence claim against WSCSD patently
lacks merit because WSCSD established that it did not create or
have responsibility for the allegedly hazardous condition of the
intersection where claimant's son was injured (see Pratt v
Robinson, 39 NY2d 554, 560 [1976]; cf. Ernest v Red Cr. Cent.
School Dist., 93 NY2d 664, 671 [1999]; see also Matter of
Catherine G v County of Essex, 3 NY3d 175, 179 [2004] ["(l)eave
is not appropriate for a patently meritless claim"]).
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On review of submissions pursuant to section 500.11 of the Rules,
order reversed, with costs, and that part of claimant's
application that sought to file a late notice of claim against
West Seneca Central School District denied, in a memorandum.
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith,
Pigott and Jones concur.
Decided September 2, 2010
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