Opinion
March 9, 1998
Appeal from the Supreme Court, Kings County (Jackson, J.).
Ordered that the order is reversed, as a matter of discretion in the interest of justice, with costs, and the application is granted, and the notice of claim annexed to the petition is deemed served.
Under the circumstances of this case, the application should have been granted.
Rosenblatt, J. P., Ritter, Copertino and Goldstein, JJ., concur.