Morris v. County of Suffolk

Gulotta, J.,

concurs as to the dismissal of the appeal from the order dated November 18,1980, but otherwise dissents and votes to reverse the order dated January 26, 1981, insofar as appealed from, vacate the prior order and grant the petitioner’s application for leave to serve a late notice of claim, with the following memorandum: Subdivision 5 of section 50-e of the General Municipal Law allows a court to consider all of the relevant factors and exercise considerable discretion in determining whether to permit the late service of a notice of claim (Matter of Beary v City of Rye, 44 NY2d 398;…