IN RE: Peter HERD (1999)

Supreme Court, Appellate Division, Second Department, New York.

IN RE: Peter HERD, appellant, v. COUNTY OF NASSAU, respondent.

Decided: February 08, 1999

FRED T. SANTUCCI, J.P., DANIEL W. JOY, MYRIAM J. ALTMAN and GABRIEL M. KRAUSMAN, JJ.

Sullivan & Liapakis, P.C., New York, N.Y. (Thomas Mongelli and Stephen C. Glasser of counsel), for appellant. Owen B. Walsh, County Attorney, Mineola, N.Y. (Maureen G. Cleary of counsel), for respondent.

In a proceeding for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e(5), the petitioner appeals from an order of the Supreme Court, Nassau County (O'Connell, J.), dated February 9, 1998, which denied the petition.

ORDERED that the order is affirmed, with costs.

The petitioner failed to demonstrate a reasonable excuse for his delay in serving a notice of claim upon the respondent or that the respondent acquired actual knowledge of the essential facts constituting his claim within 90 days of its accrual or a reasonable time thereafter (see, Matter of Caruso v. County of Westchester, 220 A.D.2d 746, 633 N.Y.S.2d 75). Accordingly, the Supreme Court did not improvidently exercise its discretion in denying the petition for leave to serve a late notice of claim.

MEMORANDUM BY THE COURT.

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