Cali v. City of PoughkeepsieCali v. City of Poughkeepsie
In a proceeding pursuant to
Ordered that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in denying the petition. The petitioner failed to demonstrate a reasonable excuse for her failure to serve a timely notice of claim. The petitioner‘s ignorance of the notice of claim requirement is not a reasonable excuse (see Matter of Padgett v City of New York, 78 AD3d 949, 950 [2010]; Matter of Werner v Nyack Union Free School Dist., 76 AD3d 1026 [2010]). The petitioner‘s additional excuse, improperly raised for the first time in a reply affirmation (see Troy v Town of Hyde Park, 63 AD3d 913, 914 [2009]), that she only recently realized the severity of her injuries, is belied by the record (see Matter of Cuda v Rotterdam-Mohonasen Cent. School Dist., 285 AD2d 806, 806-807 [2001]).
Moreover, the petitioner failed to offer any proof suggesting that the City of Poughkeepsie acquired actual knowledge of the essential facts constituting the claim within the 90-day statutory period or within a reasonable time thereafter (see Hebbard v Carpenter, 37 AD3d 538, 540 [2007]; Matter of Carpenter v City of New York, 30 AD3d 594, 595 [2006]; Matter of Shapiro v County of Nassau, 208 AD2d 545 [1994]). The petitioner provided only her own unsubstantiated allegations and those of
Accordingly, the Supreme Court properly denied the petition for leave to serve a late notice of claim. Rivera, J.P., Angiolillo, Eng, Chambers and Sgroi, JJ., concur.