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MATTER OF BLACKWELL v. CITY OF NEW YORK

Appellate Division of the Supreme Court of New York, Second Department.
Dec 26, 1989

Ordered that the order is affirmed, with costs.

We conclude that the Supreme Court did not improvidently exercise its discretion in denying the petitioners' application pursuant to General Municipal Law ยง 50-e (5) to file a late notice of claim. The petitioners failed to establish a reasonable excuse for their delay in filing a timely notice of claim and there is no evidence in the record to indicate that the respondent City of New York had actual knowledge of the petitioners' claim within 90 days of the accident. Finally, we find that the respondent city would be substantially prejudiced if the petitioners' application were granted (see, Matter of Perry v City of New York, 133 A.D.2d 692; Rechenberger v Nassau County Med. Center, 112 A.D.2d 150; Caselli v New York, 105 A.D.2d 251). Mollen, P.J., Thompson, Lawrence and Eiber, JJ., concur.