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MATTER OF ALAIMO v. NASSAU COUNTY DEP'T OF HEALTH

151 A.D.2d 570 (1989)

In the Matter of Maria Alaimo, an Infant, by Her Father and Natural Guardian, Charles Alaimo, Respondent, v. Nassau County Department of Health et al., Respondents, and Dutch Broadway School et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 12, 1989

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the appellants' present contentions, the absence of an acceptable excuse for the delay does not necessarily prove fatal to an application for leave to serve a late notice of claim, nor does such an application require consideration of the substantive merits of the lawsuit (see, Matter of Reisse v County of Nassau, 141 A.D.2d 649). In view...

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