| Matter of Maciejewski v North Collins Cent. Sch. Dist. |
| 2015 NY Slip Op 00097 [124 AD3d 1347] |
| January 2, 2015 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Alberta Maciejewski et al., as Parents
and Natural Guardians of Selena Maciejewski, an Infant, Respondents, v North Collins Central School District, Appellant. |
Hurwitz & Fine, P.C., Buffalo, Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, Uniondale (Christine Gasser of counsel), for respondent-appellant.
Farrell & Farrell, Hamburg (Kenneth J. Farrell of counsel), for claimants-respondents.
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.
It 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 Dist., 277 AD2d 645, 646 [2000]; see Hall, 66 AD3d at 1435). Present—Scudder, P.J., Peradotto, Carni, Lindley and Sconiers, JJ.