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MATTER OF LANNON v. TOWN OF HENRIETTA

109 A.D.2d 1067 (1985)

In the Matter of Keith F. Lannon, as Parent and Natural Guardian of Cindy M. Lannon, an Infant, Respondent, v. Town of Henrietta, Appellant. (Appeal No. 1.)

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

March 1, 1985

Order unanimously affirmed, with costs.

Memorandum:

Special Term did not abuse its discretion in granting the infant leave to file a late notice of claim. Contrary to defendant's assertion, the court properly considered the disability of infancy even though it was not the cause of the delay in filing the notice (see, Matter of Ziecker v Town of Orchard Park, 70 A.D.2d 422, 427, affd

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