Opinion
February 5, 1996
Appeal from the Supreme Court, Suffolk County (Floyd, J.).
Ordered that the order is affirmed, with costs.
The record establishes that on the date of the subject shooting incident at Amityville High School the appellant acquired actual knowledge of the facts underlying the petitioner's claim (see, Matter of Sanna v. Bethpage Pub. Schools Union Free School Dist. 21, 193 A.D.2d 606; Matter of Tortorici v. East Rockaway Pub. School Dist. 19, 191 A.D.2d 495; Friedman v. Syosset Cent. School Dist., 154 A.D.2d 337). In addition, the appellant failed to substantiate its assertion that it would be prejudiced by the late service of the petitioner's notice of claim (see, Matter of Sanna v. Bethpage Pub. Schools Union Free School Dist. 21, supra). Accordingly, the Supreme Court did not improvidently exercise its discretion in granting the petitioner's application for permission to serve a late notice of claim (see, General Municipal Law § 50-e). Rosenblatt, J.P., O'Brien, Pizzuto and Goldstein, JJ., concur.