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MATTER OF RUSSO v. MONROE-WOODBURY CENTRAL SCHOOL DISTRICT

282 A.D.2d 465 (2001)

723 N.Y.S.2d 198

In the Matter of ROBERT RUSSO, Individually and as Parent and Natural Guardian of ERICA L. RUSSO, et al., Respondents, v. MONROE-WOODBURY CENTRAL SCHOOL DISTRICT, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 2, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the Supreme Court must consider if there is a reasonable excuse for the delay, whether the public corporation acquired actual knowledge of the facts constituting the claim within 90 days or a reasonable time thereafter, and if the defense would...

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