Opinion
July 30, 1979
In a proceeding pursuant to section 50-e Gen. Mun. of the General Municipal Law for leave to serve a late notice of claim against the County of Dutchess, the claimant appeals from an order of the Supreme Court, Dutchess County, dated June 29, 1978, which denied the application. Order affirmed, without costs or disbursements. On this record Special Term properly exercised its discretion in finding that the claimant was not so physically disabled as to justify a delay of more than three and one-half months after the 90-day time limitation provided in the statute had expired. O'Connor, J.P., Rabin and Mangano, JJ., concur.
In my opinion Special Term should have granted the application on the ground that (1) the claimant was sufficiently incapacitated to come within the statutory requirements and (2) there was no discernible prejudice to the respondent (cf. Matter of Beary v City of Rye, 44 N.Y.2d 398). Section 50-e Gen. Mun. of the General Municipal Law is a remedial statute; where the delay is sufficiently and properly explained and where there is little likelihood of prejudice we should avoid a construction which dilutes its intended effect (cf. Matter of Brooks v. Rensselaer County, 34 A.D.2d 708; Boreffi v. Town of Vestal, 33 A.D.2d 1073; Matter of Blaisdell v. County of Wayne, 54 Misc.2d 415).