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MATTER OF COTTEN v. COUNTY OF NASSAU

307 A.D.2d 965 (2003)

763 N.Y.S.2d 474

In the Matter of HOSSANA REGINA COTTEN et al., Appellants, v. COUNTY OF NASSAU et al., Respondents.

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

Decided August 11, 2003.

Ordered that the order is affirmed, with costs.

In determining whether to grant leave to serve a late notice of claim, General Municipal Law § 50-e (5) instructs the court to consider certain factors, including whether (1) an infant is involved, (2) the movant has demonstrated a reasonable excuse for failing to serve a timely notice of claim, (3) the municipality acquired actual knowledge of the facts constituting the claim within 90 days from its accrual or...

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