Opinion
July 3, 1989
Appeal from the Supreme Court, Suffolk County (Cannavo, J.).
Ordered that the order is affirmed, without costs or disbursements.
The record indicates, inter alia, that the School District's employee, a physical education teacher, was present at the time and place of the petitioner's injury, and that an insurance carrier of the School District was made aware of the accident within 90 days thereof. Under these circumstances, and in the absence of any demonstrable evidence of prejudice to the School District, the Supreme Court did not improvidently exercise its discretion in granting the application for leave to serve a late notice of claim (Matter of Matey v Bethlehem Cent. School Dist., 63 A.D.2d 807; Coonradt v Averill Park Cent. School Dist., 75 A.D.2d 925; Whitehead v Centerville Fire Dist., 90 A.D.2d 655). Mangano, J.P., Brown, Lawrence and Eiber, JJ., concur.