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IN THE MATTER OF DOE v. GOSHEN CENTRAL SCHOOL DISTRICT

13 A.D.3d 526 (2004)

787 N.Y.S.2d 75

In the Matter of JOHN DOE et al., Appellants v. GOSHEN CENTRAL SCHOOL DISTRICT, Respondent.

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

December 20, 2004.

Ordered that the order is affirmed, with costs.

In deciding whether to grant leave to serve a late notice of claim, the court must consider (1) whether the petitioner has demonstrated a reasonable excuse for his or her failure to serve a timely notice of claim, (2) whether the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days or a reasonable time thereafter, (3) whether the petitioner was an infant, or was mentally...

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