Opinion
2004-10416.
November 7, 2005.
Appeal by Greenburgh Central School District No. 7 from an order of the Supreme Court, Westchester County (Barone, J.), entered October 19, 2004, which granted its application for leave to serve a late notice of claim.
Barry, McTiernan Moore, New York, N.Y. (Anthony J. McNulty of counsel), for appellant.
Richard A. Portale, White Plains, N.Y., for respondent.
Before: Goldstein, J.P., Skelos, Fisher and Lunn, JJ., concur.
Ordered that the order is affirmed, with costs.
In determining whether to grant leave to serve a late notice of claim, pursuant to General Municipal Law § 50-e, the court should consider certain factors, including whether (1) the movant has demonstrated a reasonable excuse for his or her failure to serve a timely notice of claim, (2) the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days or a reasonable time thereafter, (3) an infant is involved, and (4) the delay would substantially prejudice the public corporation in maintaining its defense on the merits ( see General Municipal Law § 50-e; Matter of Doe v. Goshen Cent. School Dist., 13 AD3d 526; Matter of Cotten v. County of Nassau, 307 AD2d 965; Matter of Brown v. County of Westchester, 293 AD2d 748). The determination of an application for leave to serve a late notice of claim is left to the sound discretion of the court ( see Matter of Andrew T.B. v. Brewster Cent. School Dist., 18 AD3d 745; Matter of Doe v. Goshen Cent. School Dist., supra; Matter of Tumm v. Town of Eastchester, 8 AD3d 581).
Upon considering all of the statutory factors, under the particular circumstances of this case, the Supreme Court providently exercised its discretion in granting the subject application for leave to serve a late notice of claim ( see General Municipal Law § 50-e; Matter of Andrew T.B. v. Brewster Cent. School Dist., supra).