Ordered that the judgment and the order are affirmed, with one bill of costs.
Under the circumstances herein, we agree with the Supreme Court, Suffolk County, that Kappa, in seeking leave to serve a late notice of claim pursuant to Education Law § 3813 (2-a), failed to establish that it was entitled to that relief.
This case is distinguishable from Matter of Nyack Bd. of Educ. v Capolino Design & Renovation (
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