MATTER OF MICALI v. UNION FREE VALLEY STREAM SCHOOL DISTRICT #24


300 A.D.2d 661 (2002)

751 N.Y.S.2d 787

In the Matter of PAUL MICALI, Appellant, et al., Petitioner, v. UNION FREE VALLEY STREAM SCHOOL DISTRICT #24 et al., Respondents.

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

Decided December 30, 2002.


Ordered that the order is affirmed insofar as appealed from, with costs.

When deciding whether to grant a petition for leave to serve a late notice of claim, a court must consider whether the petitioner demonstrated a reasonable excuse for his or her failure to serve a timely notice of claim, whether the municipality acquired actual knowledge of the essential facts constituting the claim within the 90 days after the claim arose or a reasonable time thereafter, and...

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