DALTON, II, DAVID H. v. AKRON CENTRAL SCHOOLS

Smith, J.P., and Lindley, J.

(dissenting). We respectfully dissent. Where, as here, a claimant does not offer a reasonable excuse for failing to serve a timely notice of claim, Supreme Court may grant leave to serve a late notice of claim only if the respondent has actual knowledge of the essential facts underlying the claim and there is no compelling showing of prejudice to the respondent (see Matter of Hall v Madison-Oneida County Bd. of Coop. Educ. Servs., 66 AD3d 1434, 1435 [2009]; see also Matter of Trotman v Rochester City School Dist., 67 AD3d 1484, 1485 [2009]). It is well settled that…