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MATTER OF AVALOS v. CITY OF NEW YORK BOARD OF EDUCATION

2008-10301.

67 A.D.3d 675 (2009)

886 N.Y.S.2d 910

2009 NY Slip Op 08005

In the Matter of LIZ AVALOS et al., Appellants, v. CITY OF NEW YORK BOARD OF EDUCATION, Respondent.

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

Decided November 4, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

In determining whether to grant leave to serve a late notice of claim, the court must consider, among other things, whether (1) there is a reasonable excuse for the delay, (2) the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days of the claim's accrual or a reasonable time thereafter, and (3) the delay in serving the notice

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