Opinion
October 26, 1987
Appeal from the Supreme Court, Suffolk County (Jones, J.).
Ordered that the judgment and the order are affirmed, with one bill of costs.
Under the circumstances herein, we agree with the Supreme Court, Suffolk County, that Kappa, in seeking leave to serve a late notice of claim pursuant to Education Law § 3813 (2-a), failed to establish that it was entitled to that relief.
This case is distinguishable from Matter of Nyack Bd. of Educ. v. Capolino Design Renovation ( 114 A.D.2d 849, 850, affd 68 N.Y.2d 647), since there is no evidence herein that the petitioner-respondent had actual knowledge of the facts allegedly underlying Kappa's $349,402 claim and it cannot be said that the petitioner-respondent would suffer no prejudice if Kappa were permitted to serve a late notice of claim for that sum (see, Education Law § 3813 [2-a]). Lawrence, J.P., Weinstein, Kooper and Sullivan, JJ., concur.