Opinion
March 26, 1962
In a proceeding under the statute (General Municipal Law, § 50-e) by an infant and his mother to direct that service of their notice of claim be deemed proper and sufficient service nunc pro tunc as of January 11, 1961, the New York City Housing Authority appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County, dated December 4, 1961, as granted the application insofar as it was made on behalf of the infant petitioner. Order, insofar as appealed from, reversed, without costs, and application of the infant petitioner denied. Since the application was not made until more than a year had elapsed after the happening of the accident, the Special Term had no power to grant the application in any respect (General Municipal Law, § 50-e, subd. 5; Matter of Brown v. Board of Trustees, Hamptonburg School Dist., 303 N.Y. 484; Matter of Martin v. School Bd. [ Long Beach], 301 N.Y. 233). Beldock, P.J., Ughetta, Christ, Hill and Hopkins, JJ., concur.