Opinion
February 8, 1999
Appeal from the Supreme Court, Nassau County (O'Connell, J.).
Ordered that the order is affirmed, with costs.
The petitioner failed to demonstrate a reasonable excuse for his delay in serving a notice of claim upon the respondent or that the respondent acquired actual knowledge of the essential facts constituting his claim within 90 days of its accrual or a reasonable time thereafter ( see, Matter of Caruso v. County of Westchester, 220 A.D.2d 746). Accordingly, the Supreme Court did not improvidently exercise its discretion in denying the petition for leave to serve a late notice of claim.
Santucci, J. P., Joy, Altman and Krausman, JJ., concur.