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MATTER OF GOLDBERG v. COUNTY OF SUFFOLK

227 A.D.2d 482 (1996)

642 N.Y.S.2d 928

In the Matter of Joan Goldberg et al., Appellants, v. County of Suffolk, Respondent

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

May 13, 1996

Ordered that the order is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion in denying the petitioners' application for leave to serve a late notice of claim. The respondent did not acquire actual knowledge of the essential facts of the petitioners' claim until approximately 8½ months after the accident is alleged to have occurred (see, General Municipal Law § 50-e [5]; Ribeiro v Town of N. Hempstead,

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