Opinion
May 16, 1991
Appeal from the Supreme Court, Greene County (Cobb, J.).
Petitioner did not move to file a late notice of claim against respondent until almost a year after his accident and it is undisputed that respondent did not have actual notice of the facts of the claim until petitioner made his motion (see, Matter of Stenowich v Colonie Indus. Dev. Agency, 151 A.D.2d 894, lv denied 74 N.Y.2d 615). Furthermore, we agree with Supreme Court's conclusion that the reasons given by petitioner for the late filing, that is, that he thought his exclusive remedy was through workers' compensation and that he did not know that respondent owned the premises on which the accident occurred, were insufficient to excuse the delay (see, Matter of Baird v Dormitory Auth., 139 A.D.2d 577; Matter of Heather v County of Rensselaer, 88 A.D.2d 718). Under the circumstances, we find no abuse of discretion by the court in its denial of petitioner's motion (see, Matter of Andrews v Village of Sherburne, 140 A.D.2d 790, lv denied 72 N.Y.2d 807).
Order affirmed, without costs. Casey, J.P., Mikoll, Yesawich, Jr., Mercure and Crew III, JJ., concur.