Opinion
April 24, 1989
Appeal from the Supreme Court, Westchester County (Coppola, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the application which was brought on behalf of the infant petitioner to serve a late notice of claim against the County of Westchester is denied.
The petitioners claim that between June 1979 and December 1981 the infant petitioner attended a day care facility. During that period, the infant petitioner was allegedly physically and sexually abused. However, the infant's mother allegedly did not discover the sexual and physical abuse until in or about May 1985 when the facility was closed by government officials and the principals were arrested. In June 1987 the infant petitioner and her mother commenced the instant proceeding.
The Supreme Court granted the application with respect to the infant petitioner. Under the circumstances of this case we find the court improvidently exercised its discretion in granting the infant petitioner leave to serve a late notice of claim against the county (see, Matter of Soe v. County of Westchester, 142 A.D.2d 584; Matter of Lucy L. v. County of Westchester, 149 A.D.2d 707 [decided herewith]). The petitioner's attempt to distinguish Matter of Soe v. County of Westchester (supra) is unavailing and, in part is improperly based upon matters dehors the record. Mangano, J.P., Bracken, Spatt and Harwood, JJ., concur.