Opinion
(1640) CA 01-01527
December 21, 2001.
(Appeal from Order of Supreme Court, Erie County, Glownia, J. — Notice of Claim.)
PRESENT: HAYES, J.P., SCUDDER, BURNS, GORSKI AND LAWTON, JJ.
Order unanimously affirmed without costs.
Memorandum:
Supreme Court properly granted claimants' motion for leave to serve a late notice of claim against respondents pursuant to Education Law § 3813 (2-a). Decedent, James L. Hoffman, was injured when he fell from a scaffold in the course of his employment with a company retained by respondents to conduct a multimillion dollar renovation of respondent high school. The court properly weighed the factors set forth in Education Law § 3813 (2-a), which are the same as those set forth in General Municipal Law § 50-e (5), and did not abuse its discretion in granting the motion ( see, Matter of Bowman v. Capital Dist. Transp. Auth., 244 A.D.2d 638).