Opinion
Submitted April 11, 2001.
May 7, 2001.
In a proceeding pursuant to General Municipal Law § 50-e(5) for leave to serve a late notice of claim, the petitioners appeal from an order of the Supreme Court, Nassau County (Warshawsky, J.), dated July 26, 2000, which denied the application.
Joann Peraino, Garden City, N.Y., for appellants.
Joseph J. Ra, Hempstead, N.Y. (Mary E. Mahon of counsel), for respondent.
Before: SANTUCCI, J.P., S. MILLER, LUCIANO, FEUERSTEIN and ADAMS, JJ.
ORDERED that the order is affirmed, with costs.
In a proceeding for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e(5), a court must consider if there is a reasonable excuse for the delay, whether the public corporation acquired actual knowledge of the facts constituting the claim within 90 days or a reasonable time thereafter, and if the public corporation's defense would be substantially prejudiced by the delay (see, Matter of Russo v. Monroe-Woodbury Cent. School Dist., A.D.2d [2d Dept., Apr. 2, 2001]; Fierro v. City of New York, 271 A.D.2d 608; Matter of Salter v. Housing Auth. of City of New York, 251 A.D.2d 585). The Supreme Court properly denied the application.