MATTER OF FARRELL v. BAY SHORE UNION FREE SCHOOL DISTRICT


309 A.D.2d 935 (2003)

766 N.Y.S.2d 98

In the Matter of GLORIA FARRELL et al., Appellants, v. BAY SHORE UNION FREE SCHOOL DISTRICT, Respondent.

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

Decided October 27, 2003.


Ordered that the order is reversed, on the law and as a matter of discretion, without costs or disbursements, the application is granted, and the notice of claim is deemed served.

In determining whether to grant leave to serve a late notice of claim, the court must consider (1) whether the petitioner demonstrated a reasonable excuse for the failure to serve a timely notice of claim, (2) whether the public corporation acquired actual knowledge of the essential facts...

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