Appellate Division of the Supreme Court of the State of New York October 18, 2011 (Day v. Greenburgh Eleven Union Free School District)

The appellant contends that leave to serve a late notice of claim should have been denied because the claim is patently without merit. While the merits of a claim ordinarily are not considered on a motion for leave to serve a late notice of claim, leave should be denied where the proposed claim is patently without merit (see Matter of Catherine G.