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MATTER OF VIOLA v. RONKONKOMA MIDDLE SCHOOL

2013-01010.

107 A.D.3d 1009 (2013)

968 N.Y.S.2d 876

2013 NY Slip Op 4819

In the Matter of LIANA VIOLA et al., Respondents, v. RONKONKOMA MIDDLE SCHOOL et al., Respondents, and CONNETQUOT CENTRAL SCHOOL DISTRICT, Appellant.

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

Decided June 26, 2013.

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

In determining whether to permit service of a late notice of claim upon a school district, the court must consider all relevant circumstances, including whether (1) the school district acquired actual knowledge of the essential facts constituting the claim within 90 days of the incident or a reasonable time thereafter, (2) the petitioner was an infant...

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