SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
October 5, 2012
KAREN CASALE, AS PARENT AND NATURAL GUARDIAN OF STEPHANIE CASALE, AN INFANT, CLAIMANT-RESPONDENT,
LIVERPOOL CENTRAL SCHOOL DISTRICT , RESPONDENT-APPELLANT.
Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered January 26, 2012.
Casale v Liverpool Cent. Sch. Dist.
Decided on October 5, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
PRESENT: FAHEY, J.P., PERADOTTO, CARNI, AND SCONIERS, JJ.
The order granted the application of claimant for leave to serve a late notice of claim.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: Contrary to respondent's contention, Supreme Court did not abuse its discretion in granting claimant's application for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5). Although a court may properly consider whether a claimant provided a reasonable excuse for failing to serve a timely notice of claim (see Parton v Onondaga County, 81 AD3d 1433, 1433-1434), a claimant's failure to tender a reasonable excuse "is not fatal where . . . actual notice was had and there is no compelling showing of prejudice to [respondent]" (Matter of Hall v Madison-Oneida County Bd. of Coop. Educ. Servs., 66 AD3d 1434, 1435 [internal quotation marks omitted]; see Hale v Webster Cent. School Dist., 12 AD3d 1052, 1053). Here, claimant "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" (Wetzel Servs. Corp. v Town of Amherst, 207 AD2d 965, 965; see § 50-e ).
Entered: October 5, 2012
Frances E. Cafarell Clerk of the Court
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