Order reversed, on the law, without costs or disbursements, and petition dismissed.
It was an abuse of discretion for Special Term to grant petitioner leave to serve a late notice of claim because, in his supporting papers, petitioner conceded that he was not disabled for such a substantial period of time following the accident so as to prevent his filing a timely notice of claim. In fact, petitioner went so far as to state that he was "able to investigate the circumstances...
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