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MATTER OF CARPENTER v. TOWN OF BABYLON

150 A.D.2d 373 (1989)

In the Matter of Frederick Carpenter, III, Respondent, v. Town of Babylon, Appellant

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

May 1, 1989

Ordered that the order is affirmed, without costs or disbursements.

The court did not improvidently exercise its discretion in granting the petitioner's application for leave to serve a late notice of claim (see, Cohen v Pearl Riv. Union Free School Dist., 51 N.Y.2d 256; General Municipal Law § 50-e [5]). The petitioner presented sufficient facts to establish that there was a nexus between his infancy and the...

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