Opinion
November 21, 1949.
Appeal from an order denying a motion, made on behalf of an infant claimant, for leave to file a late notice of claim, pursuant to the provisions of section 50-e Gen. Mun. of the General Municipal Law. At the time of the happening of the accident upon which the claim is based the infant claimant was ten years of age. The application was made about twenty months after the accident occurred, and was denied at Special Term on the ground that the court had no discretion to grant it, under the provisions of the statute, which require that such an application be made within the period of one year after the happening of the event upon which the claim is based. Order affirmed, without costs. ( Matter of Martin v. School Bd. of Union Free Dist. No. 28, Long Beach, 275 App. Div. 1042 [2d Dept], motion for leave to appeal granted, 276 App. Div. 763.) Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur. [See post, p. 869.]