Fazzolari v. Board of Education

Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs. Memorandum: Upon the facts shown by the record before us it appears that failure to serve the notice required by section 50-e of the General Municipal Law was by reason of infancy. (See Matter of Auflero v. Town of Eastchester, 282 App. Div. 1048 ; Natoli v. Board of Educ. of City of Norwich, 277 App. Div. 915 , affd. 303 N. Y. 646 ; Matter of Hogan v. City of Cohoes, 279 App. Div. 282 , and Matter of Every v. County of Ulster, 280 App. Div. 155 .) All concur. (Appeal from an order denying claimant’s motion for permission to file a notice of claim after expiration of ninety days from time when claim arose.) Present — McCurn, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.