Opinion
April 25, 1997
Present — Denman, P.J., Pine, Callahan, Balio and Fallon, JJ.
Order unanimously affirmed with costs. Memorandum: Supreme Court did not abuse its discretion in granting the application of petitioner to file a late notice of claim ( see, Insurance Law § 5208; Matter of Frey v. MVAIC, 11 A.D.2d 693, affd 9 N.Y.2d 849). (Appeal from Order of Supreme Court, Erie County, Michalek, J. — Notice of Claim.)