Opinion
February 20, 1950.
Order, insofar as appealed from, granting leave to an infant, pursuant to subdivision 5 of section 50-e Gen. Mun. of the General Municipal Law, to serve a notice of claim after the expiration of the statutory period specified in subdivision 1 of section 50-e Gen. Mun. of the General Municipal Law, reversed on the law, without costs, and the motion denied, without costs. The application for leave to serve the notice of claim was not made within the period of one year from the time of the happening of the accident and, therefore, it cannot be granted. (General Municipal Law, § 50-e, subd. 5; Matter of Martin v. School Bd. of Union Free Dist. No. 28, Long Beach, 275 App. Div. 1042; Matter of Ennis v. City of Peekskill, 276 App. Div. 779.) Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.