Nichols v. Board of Education of Ballston Spa Central School District

Yesawich, Jr., J.

Appeal from an order of the Supreme Court (Brown, J.), entered October 12, 1989 in Saratoga County, which denied petitioner’s application pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim.

On January 7, 1986, petitioner’s four-year-old daughter allegedly fell “on a frying pan handle” and was seriously injured while a participant in a Head Start program at Milton Terrace School in the Village of Ballston Spa, Saratoga County. Petitioner avers that she immediately notified respondent Ballston Spa Central School District (hereinafter…