February 11, 1993
Appeal from the Supreme Court, Bronx County (Lewis Friedman, J.).
The petitioner slipped from a chair while working at P.S. 32 in the Bronx on January 3, 1991. The petitioner completed a Comprehensive Accident Report and an Employee's Notice of Injury Report that day. On July 8, 1991, the petitioner filed a notice of claim, which the respondent disallowed as untimely. The IAS Court thereafter denied the petitioner's motion to file a late notice of claim. We agree.
While General Municipal Law § 50-e and Education Law § 3813 permit, on a proper showing, the filing of a late notice of claim, petitioner failed to proffer a reasonable excuse for the delay, and also failed to show that respondent had actual notice of the facts surrounding the accident, in particular the basis of the claim of negligence against it (see, Matter of Green v New York City Hous. Auth., 180 A.D.2d 586).
Concur — Sullivan, J.P., Rosenberger, Wallach, Ross and Rubin, JJ.