Opinion
November 2, 1970
In a proceeding pursuant to subdivision 5 of section 50-e Gen. Mun. of the General Municipal Law for leave to serve a late notice of claim, the appeal is (1) from an order of the Supreme Court, Kings County, dated May 19, 1969, which granted the application and (2) as limited by appellant's brief, from so much of a further order of said court, dated March 3, 1970, as, on reconsideration, adhered to the original decision. Appeal from order dated May 19, 1969, dismissed, without costs, as academic. That order was superseded by the order dated March 3, 1970. Order dated March 3, 1970 reversed insofar as appealed from, on the law and the facts, without costs, and application denied. In our opinion, claimant has failed to establish any basis for relief within the above-mentioned statute, since he failed to persuasively show that the application was made within a reasonable time after termination of such period of time during which he could be deemed to have been mentally or physically incapacitated and practically unable to comply with the requirements of the statute. Christ, P.J., Rabin, Hopkins, Munder and Martuscello, JJ., concur.