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IN THE MATTER OF "JANE DOE" v. HICKSVILLE UNION FREE SCHOOL DISTRICT

24 A.D.3d 666 (2005)

808 N.Y.S.2d 387

In the Matter of "JANE DOE" et al., Respondents, v. HICKSVILLE UNION FREE SCHOOL DISTRICT, Appellant.

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

December 19, 2005.

Ordered that the order is affirmed, with costs.

The key factors to be considered in determining whether to grant an application to serve a late notice of claim are whether the school district acquired actual knowledge of the essential facts of the claim within the statutory 90-day period, whether the petitioners had a reasonable excuse for the delay, and whether the delay would substantially prejudice the school district in its defense on the merits (cf. Matter...

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