Opinion
November 26, 1990
Appeal from the Supreme Court, Kings County (Bellard, J.).
Ordered that the judgment is affirmed, with costs.
Since the petitioner never demonstrated that the failure to serve a timely notice of claim was caused by her son's physical or psychological disability, it cannot be said that the Supreme Court improvidently exercised its discretion in denying her application (see, Matter of Albanese v. Village of Floral Park, 128 A.D.2d 611). Significantly, the proposed notice of claim submitted to the Supreme Court was signed by the son. Further, under the facts of this case, we find that the respondents would be prejudiced if the application were granted. Thompson, J.P., Brown, Kunzeman and Eiber, JJ., concur.