Ordered that the order is affirmed, with one bill of costs.
In a proceeding for leave to serve a late notice of claim, a petitioner must establish (1) a reasonable excuse for the delay in serving the notice of claim, (2) that the municipality acquired actual notice of the essential facts underlying the claim within the statutory 90-day period or a reasonable time thereafter, and (3) that the delay did not substantially prejudice the municipality's defense on the merits...
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