Opinion
May 27, 1994
Appeal from the Supreme Court, Orleans County, Whelan, J.
Present — Pine, J.P., Balio, Callahan, Davis and Boehm, JJ.
Order unanimously modified in the exercise of discretion and as modified affirmed without costs in accordance with the following Memorandum: Under the circumstances of this case, in which defendants do not dispute that they had actual notice of the infant's injury, we exercise our discretion to grant plaintiff permission to file a late notice of claim on behalf of his infant son within 20 days of service of a copy of the order of this Court with notice of entry (see, Maurice W. v. Onondaga County Dept. of Social Servs., 186 A.D.2d 986, 987; Matter of Nichols v Board of Educ., 166 A.D.2d 846, 847; Pepe v. Somers Cent. School Dist., 108 A.D.2d 799). The court properly denied the request of plaintiff for permission to file a late notice on his own behalf. His application is time-barred because he did not seek relief within one year and 90 days of accrual of the claim (see, General Municipal Law § 50-i; Maurice W. v. Onondaga County Dept. of Social Servs., supra, at 987).