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MATTER OF HERD v. COUNTY OF NASSAU

258 A.D.2d 524 (1999)

684 N.Y.S.2d 636

In the Matter of PETER HERD, Appellant, v. COUNTY OF NASSAU, Respondent.

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

Decided February 8, 1999.

Ordered that the order is affirmed, with costs.

The petitioner failed to demonstrate a reasonable excuse for his delay in serving a notice of claim upon the respondent or that the respondent acquired actual knowledge of the essential facts constituting his claim within 90 days of its accrual or a reasonable time thereafter (see, Matter of Caruso v County of Westchester, 220 A.D.2d 746). Accordingly, the Supreme Court did...

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