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LITTLE v. NASSAU HEALTH CARE CORP.

15 A.D.3d 359 (2005)

790 N.Y.S.2d 465

HOPE LITTLE, Appellant, v. NASSAU HEALTH CARE CORP., Respondent.

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

February 7, 2005.

Ordered that the order is affirmed, with costs.

"General Municipal Law § 50-e provides for the exercise of discretion in determining whether to permit the service of a late notice of claim . . . In exercising its discretion, the court is to consider (1) whether the petitioner has a reasonable excuse for the failure to serve a timely notice of claim, (2) whether the municipality acquired actual notice of the essential facts of the claim within 90 days after the...

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