Matter of Corr v Nassau BOCES

Summary

The Appellate Division, Second Department affirmed the denial of a petition for leave to serve a late notice of claim against Nassau BOCES under General Municipal Law § 50-e(5). The court held that the petitioner offered no reasonable excuse for the delay, Nassau BOCES lacked timely actual knowledge of the essential facts constituting the claim, and the petitioner failed to show that the delay would not substantially prejudice the respondent.

Holdings

1. Leave to serve a late notice of claim was properly denied because the petitioner offered no reasonable excuse for the delay, failed to establish that Nassau BOCES acquired timely actual knowledge of the essential facts constituting the claim, and failed to meet his initial burden of showing that the delay would not substantially prejudice Nassau BOCES.

Questions Presented

1. Whether the petitioner established grounds under General Municipal Law § 50-e(5) for leave to serve a late notice of claim.
2. Whether the Supreme Court providently exercised its discretion in denying the petition and effectively dismissing the proceeding.

Disposition

affirmed