Opinion
March 1, 1985
Appeal from the Supreme Court, Monroe County, Tillman, J.
Present — Hancock, Jr., J.P., Callahan, Denman, Boomer and O'Donnell, JJ.
Order unanimously affirmed, with costs. Memorandum: Special Term did not abuse its discretion in granting the infant leave to file a late notice of claim. Contrary to defendant's assertion, the court properly considered the disability of infancy even though it was not the cause of the delay in filing the notice ( see, Matter of Ziecker v. Town of Orchard Park, 70 A.D.2d 422, 427, affd 51 N.Y.2d 957).