GUITY v. CITY OF NEW YORK

Denial of the application was a proper exercise of discretion in the absence of a showing that respondent acquired actual knowledge of the facts constituting the claim within 90 days after it arose, or a reasonable time thereafter given the absence of a valid excuse for the eight month delay in filing the notice of claim (see, Matter of Perez v. New York City Hous. Auth., 156 A.D.2d 177).

Concur — Ellerin, J.P., Wallach, Kupferman and Asch, JJ.