In re McKithen

—Order unanimously reversed on the law without costs and application granted. Memorandum: Supreme Court erred in denying the application of petitioner for leave to file a late notice of claim on behalf of her infant son against the County of Erie. The Erie County Department of Social Services had custody of the child at all relevant times herein and had placed him, along with his siblings, with foster parents. According to the proposed notice of claim, the two-year-old child was injured while at a day-care center where the foster parents had placed him. The *1020child was confined to the hospital…