Order insofar as appealed from unanimously affirmed, without costs of this appeal to either party.
Memorandum:
We agree with the conclusion of Special Term that upon the facts here presented permission might not be granted to appellant to file a late notice of claim against the county pursuant to the provisions of section 50-e of General Municipal Law. The record before us (stipulated by the parties) discloses that while the motion was pending appellant did...
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