Practice point: The Appellate Division affirmed the motion court's denial of petitioner's
request, made under the CPLR 306-b interest of justice standard, for an extension of time to personally serve the petition and amended
petition. Petitioner did not seek an
extension of time until after the expiration of the four-month statute
of limitations, pursuant to CPLR 217[1], and she failed to provide an excuse for the delay or for failing to timely serve.
Student note: Petitioner's pro se status is not a reasonable excuse.
Case: Druyan v. Board of Educ. of the City Sch. Dist. of the City of N.Y., NY Slip Op 04569 (1st Dept. 2015)
Here is the decision.
Tomorrow's issue: Notice of claim as condition precedent.
