Opinion
October 19, 1970
Appeal from so much of an order of the Supreme Court, Westchester County, dated June 5, 1970 as granted an application for leave to file a late notice of claim on behalf of the infant claimant, William McKay. Order reversed insofar as appealed from, on the law and the facts, without costs, and application on behalf of said infant claimant denied. In our opinion, the failure to serve a timely notice within the 90-day period prescribed by section 50-e Gen. Mun. of the General Municipal Law was not attributable to the infant's disability (see Anderson v. County of Nassau, 31 A.D.2d 761; Matter of Weber v. New York City Tr. Auth., 28 A.D.2d 685; Matter of Shankman v. New York City Housing Auth., 21 A.D.2d 968, affd. 16 N.Y.2d 500). Christ, P.J., Rabin, Hopkins, Munder and Martuscello, JJ., concur; Hopkins, J., dissents and votes to affirm the order insofar as appealed from for the reasons stated in his dissenting memorandum in Anderson v. County of Nassau ( 31 A.D.2d 761).