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MTR. OF CRUME v. CLARENCE SCH. DIST.

43 A.D.2d 492 (1974)

In the Matter of William Crume, an Infant, by Gregg Crume, His Parent and Natural Guardian, et al., Appellants, v. Clarence Central School District No. 1, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 4, 1974.

Attorney(s) appearing for the Case

A. Grant Denn for appellants.

Frank R. Valone (Joseph Ginsburg of counsel), for respondent.

CARDAMONE, SIMONS and DEL VECCHIO, JJ., concur with WITMER, J. P.; MOULE, J., dissents and votes to affirm the order in an opinion.

WITMER, J. P.

Petitioners, father and infant son, appeal from the order of Special Term denying their application under subdivision 5 of section 50-e of the General Municipal Law for permission to file late notice of claims.

It is alleged that on October 20, 1971 William Crume, then nine years of age, was injured because of the negligence of the respondent School District. It appears that the infant's...

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