IN RE: Valerie Torres (2012)

Submitted—February 29, 2012

DECISION & ORDER

In a proceeding pursuant to General Municipal Law § 50–e(5) for leave to serve a late notice of claim, the Tuckahoe Union Free School District appeals from an order of the Supreme Court, Westchester County (Walker, J.), entered June 15, 2011, which granted the petition.

ORDERED that the order is reversed, on the law and in the exercise of discretion, with costs, and the petition is denied.

The Supreme Court improvidently exercised its discretion in granting the petition for leave to serve a late notice of claim.   The petitioners failed to provide a reasonable excuse for their failure to serve a timely notice of claim (see Matter of Felice v Eastport/South Manor Cent. School Dist., 50 AD3d 138, 147).   The infancy of one of the petitioners, without any showing of a nexus between the infancy and the delay, was insufficient to constitute a reasonable excuse (see Robertson v. Somers Cent. School Dist., 90 AD3d 1012;  Matter of Tonissen v. Huntington U.F.S.D., 80 AD3d 704;  Matter of Padgett v. City of New York, 78 AD3d 949;  Grogan v Seaford Union Free School Dist., 59 AD3d 596), and no medical documentation was submitted to show that the delay was due to the infant petitioner's physical and emotional injuries (see Robertson v. New York City Hous. Auth., 237 A.D.2d 501;  Matter of Nunes v. City of New York, 233 A.D.2d 399, 400;  Matter of Caruso v. County of Westchester, 220 A.D.2d 746).

Moreover, the petitioners failed to establish that the appellant, the Tuckahoe Union Free School District (hereinafter the School District), had actual knowledge of the essential facts within 90 days of the alleged underlying incidents or a reasonable time thereafter (see Nuamah v. City of New York, 13 AD3d 502;  Matter of Rodrigues v. Village of Port Chester, 262 A.D.2d 491, 492;  Matter of Cuffee v. City of New York, 255 A.D.2d 440).   Finally, the petitioners failed to establish that the delay in serving a notice of claim would not substantially prejudice the School District (see Matter of Landa v. City of New York, 252 A.D.2d 525;  Matter of Deegan v. City of New York, 227 A.D.2d 620).

ANGIOLILLO, J.P., FLORIO, LEVENTHAL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court