Opinion
January 22, 1996
Appeal from the Supreme Court, Westchester County (Silverman, J.).
Ordered that the order is reversed, on the law, with costs, and the application is denied.
The petitioner failed to proffer a reasonable excuse for waiting over five months after the expiration of the prescribed 90-day period to commence the instant proceeding against the City of New Rochelle (see, Matter of Stenowich v Colonie Indus. Dev. Agency, 151 A.D.2d 894). Further, there is no evidence in the record to establish that the City of New Rochelle acquired actual notice of the essential facts constituting the petitioner's claim within the prescribed 90-day period or a reasonable time thereafter (see, Matter of Caruso v County of Westchester, 220 A.D.2d 746). Under the circumstances, the Supreme Court improvidently exercised its discretion in granting the petitioner's application. Mangano, P.J., Miller, Ritter and Pizzuto, JJ., concur.