Opinion
May 15, 1935.
Appeal from County Court of Ontario County.
John H. Kavanaugh, for the appellant.
Edward J. Colmey, for the respondent.
Present — SEARS, P.J., TAYLOR, EDGCOMB, CROSBY and LEWIS, JJ.
We hold this proceeding was not prematurely brought. We construe the words "within one year thereafter" in the first subdivision of section 205 Gen. Mun. of the General Municipal Law as relating to the time of death following injury and not the time for the payment by the municipality following death.
All concur.
Order reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.