Luciano v. Gallagher

In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, John Gallagher, as Police Commissioner of the County of Suffolk, and the County of Suffolk appeal from an order of the Supreme Court, Suffolk County (Pitts, J.), dated April 30, 2001, which granted the petition.

Ordered that the order is affirmed, without costs or disbursements.

It is well settled that the determination as to whether to grant leave to serve a late notice of claim lies within the sound discretion of the trial court (see, Matter of Major v County of Nassau, 256 AD2d 344; Matter…