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MATTER OF GARVIN v. COUNTY OF ERIE

174 A.D.2d 1054 (1991)

In the Matter of Paul Garvin, Appellant, v. County of Erie, Respondent

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

June 7, 1991

Order unanimously affirmed without costs.

Memorandum:

The court did not abuse its discretion in denying claimant's motion for leave to file a late notice of claim pursuant to General Municipal Law § 50-e (5). Claimant failed to prove that the County had actual notice of the incident upon which his claim is based (see, Wencek v County of Chautauqua, 132 A.D.2d 950

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