Maciejewski v. North Collins Central School District

Appellate Division of the Supreme Court of New York

Maciejewski v. North Collins Central School District

124 A.D.3d 1347, 1 N.Y.S.3d 654

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 2, 2015

StatusPublished

This text of 124 A.D.3d 1347 (Maciejewski v. North Collins Central School District) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Maciejewski v. North Collins Central School District, 124 A.D.3d 1347, 1 N.Y.S.3d 654 (N.Y. Ct. App. 2015).

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Opinion

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.

[1348]*1348It 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.

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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.

[1348]*1348It 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.

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Bluebook (online)

124 A.D.3d 1347, 1 N.Y.S.3d 654, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maciejewski-v-north-collins-central-school-district-nyappdiv-2015.

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