Maciejewski v. North Collins Central School District

Majority

p. 1347

In the Matter of Alberta Maciejewski et al., as Parents and Natural Guardians of Selena Maciejewski, an Infant, Respondents, v North Collins Central School District, Appellant.

[1 NYS3d 654]-

Appeal from an order of the Supreme Court, Erie County (James H. Dillon, J.), entered February 24, 2014. The order granted the application of claimants for leave to serve a late notice of claim.

p. 1348

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Supreme Court did not abuse its discretion in granting claimants’ application for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5). “[C]laimant[s] made a persuasive showing that [respondent] . . . acquired actual knowledge of the essential facts constituting the claim . . . [and respondent has] made no particularized or persuasive showing that the delay caused [it] substantial prejudice” (Matter of Hall v Madison-Oneida County Bd. of Coop. Educ. Servs., 66 AD3d 1434 , 1435 [2009] [internal quotation marks omitted]). Further, inasmuch as “actual notice was had and there is no compelling showing of prejudice to respondent ],” claimants’ failure to offer a reasonable excuse for the delay is not fatal to their application (Matter of Drozdzal v Rensselaer City School Dish, 277 AD2d 645 , 646 [2000]; see Hall, 66 AD3d at 1435 ).

Present — Scudder, P.J., Peradotto, Carni, Lindley and Sconiers, JJ.

Cases cited

Hall v. Madison-Oneida County Board of Cooperative Educational Services 66 AD3d 1434 N.Y. App. Div. 2009-10-02 at 1435 p. 1348
Drozdzal v. Rensselaer City School District 277 AD2d 645 N.Y. App. Div. 2000-11-16 at 646 p. 1348

Statutes and regulations cited

General Municipal Law p. 1348