SCHIAVONE v. COUNTY OF NASSAU, 41 N.Y.2d 844 (1977)

393 N.Y.S.2d 701, 362 N.E.2d 252

JAMES F. SCHIAVONE et al., Respondents, v. COUNTY OF NASSAU et al., Defendants, and “JOHN” KAMENSKY et al., Appellants. BETTY IORIO, Individually and as Administratrix of the Estate of CARMINE IORIO, Deceased, Respondent, v. COUNTY OF NASSAU et al., Defendants, and HAROLD W. PEARSON et al., Appellants.

Court of Appeals of the State of New York.Argued January 10, 1977
Decided February 15, 1977

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, THEODORE VELSOR, J.

Page 845

James M. Catterson, Jr., County Attorney (William S. Norden
and Natale C. Tedone of counsel), for appellants.

Norman H. Dachs and Beth J. Goldmacher for respondents.

MEMORANDUM. Orders affirmed, with costs.

In light of the provisions of subdivision 4 of section 50-e of the General Municipal Law (prior to L 1976, ch 745, see L 1945, ch 694) plaintiffs were entitled to rely on the clauses purportedly dispensing with notice other than as provided in the section. The subsequent amendment of section 52 of the County Law (L 1976, ch 745) reinforces the interpretation of the legislative intention by the courts below. (See, also, Stephens v Department of Health of Orange County, 64 Misc.2d 81.)

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

In each case: Order affirmed, with costs, in a memorandum. Question certified answered in the affirmative.