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MATTER OF DI FUSCO v. MAHOPAC SCHOOL DISTRICT OF TOWN OF CARMEL, NEW YORK

299 A.D.2d 544 (2002)

750 N.Y.S.2d 513

In the Matter of NICOLE DI FUSCO et al., Appellants, v. MAHOPAC SCHOOL DISTRICT OF TOWN OF CARMEL, NEW YORK, Respondent.

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

Decided November 25, 2002.

Ordered that the order is affirmed, with costs.

In determining whether to grant an application for leave to serve a late notice of claim, the court must consider (1) whether the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days or a reasonable time thereafter, (2) whether the claimant had a reasonable excuse for the delay in serving a notice of claim, (3) whether the claimant was an infant, or mentally or physically...

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