Opinion
February 2, 1996
Appeal from the Supreme Court, Monroe County, Galloway, J.
Present — Green, J.P., Lawton, Fallon, Doerr and Balio, JJ.
Order unanimously reversed on the law with costs and motion granted. Memorandum: Supreme Court abused its discretion in denying claimant's motion for leave to serve a late notice of claim (see, General Municipal Law § 50-e). Upon our review of the record, we conclude that claimant's delay in serving the notice of claim did not substantially prejudice defendant County of Monroe in maintaining its defense on the merits (see, General Municipal Law § 50-e; Matter of DeMolfetto v. City of New York, 216 A.D.2d 295).