Opinion
June 1, 1987
Appeal from the Supreme Court, Rockland County (Daronco, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The granting of that branch of the application which was for leave to serve a late notice of claim upon the appellant (see, General Municipal Law § 50-e) did not constitute an improvident exercise of discretion in this case. In determining such an application, the court must consider all of the relevant statutory factors (Fahey v County of Nassau, 111 A.D.2d 214, 216; Matter of Savelli v City of New York, 104 A.D.2d 943, 945; Matter of Cicio v City of New York, 98 A.D.2d 38, 39), and the presence or absence of any one of those factors is not necessarily determinative (Fahey v County of Nassau, supra, at 216; Matter of Morris v County of Suffolk, 88 A.D.2d 956, 957, affd 58 N.Y.2d 767). Here, the claimant made an adequate showing that his physical incapacity precluded him from timely serving a notice of claim (Matter of Savelli v City of New York, supra, at 944). Moreover, the appellant failed to demonstrate substantial prejudice. Bracken, J.P., Rubin, Eiber and Spatt, JJ., concur.