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FELICE v. EASTPORT/SOUTH

50 A.D.3d 138 (2008)

851 N.Y.S.2d 218

In the Matter of REBECCA FELICE et al., Respondents, v. EASTPORT/SOUTH MANOR CENTRAL SCHOOL DISTRICT, Appellant.

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

January 29, 2008.

Attorney(s) appearing for the Case

Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, Uniondale (Gregory A. Cascino of counsel), for appellant.

The Law Offices of Amideo Nicholas Guzzone & Associates, P.C., Centereach (Sara A. Toler of counsel), for respondents.

SANTUCCI, FLORIO, DILLON and BALKIN, JJ., concur.

OPINION OF THE COURT

CRANE, J.P.

An injured person who has failed to serve a timely notice of claim may, pursuant to General Municipal Law § 50-e (5), apply for permission to serve a late notice. Among the "facts and circumstances" a court must consider in determining an application for permission to serve a late notice of claim are the actual knowledge of the public corporation of the "essential facts constituting the claim" and the prejudice to the...

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