Opinion
December 9, 1971
Appeal from the Monroe Special Term.
Present — Del Vecchio, J.P., Marsh, Gabrielli, Cardamone and Henry, JJ.
Order unanimously reversed, without costs, and motion denied without prejudice to its renewal upon proper papers. Memorandum: This record which failed to set forth the infant's age was insufficient for Special Term to exercise its discretion in permitting the filing of a late claim (General Municipal Law, § 50-e, subd. 5; Chao v. Westhill Cent. School Dist., 35 A.D.2d 1071).