Salo v. Board of Education

—Harvey, J.

Appeal from that part of an order of the Supreme Court at Special Term (Harlem, J.), entered July 23, 1985 in Otsego County, which denied the application of petitioners Marianne and Richard Salo for leave to serve a late notice of claim.

The issue on appeal is whether it was an abuse of discretion for Special Term to deny the application of petitioners Mar*923ianne and Richard Salo (hereinafter petitioners), parents of the infant petitioner, Erika Salo, for leave to file a notice of claim more than 90 days after the alleged claim had accrued (see, Education Law § 3813 [2]; General…