Ordered that the order is reversed, as a matter of discretion, with costs, and the application is granted.
The petitioner's notice of claim was served approximately seven days after the expiration of the 90-day period within which to serve a notice of claim. While the reasonableness of the excuse for the delay proffered by the petitioner in this case may be open to question, the absence of a reasonable excuse is not necessarily fatal (see, Matter of Alvarenga v...
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