Doe v. North Tonawanda Central School District

Centra, J.P. (dissenting).

I respectfully dissent and would reverse the order granting the application to serve a late notice of claim. In deciding an application for leave to serve a late notice of claim, Supreme Court is to consider the factors set forth in General Municipal Law § 50-e (5), but those factors are “nonexhaustive” and the decision whether to grant the application “compels consideration of all relevant facts and circumstances” (Williams v Nassau County Med. Ctr., 6 NY3d 531, 539 [2006]). The “key factors for the court to consider . . . are whether the claimant has demonstrated a…