Munoz v. Motor Vehicle Accident Indemnification Corp.

Petitioner moves for an order compelling respondent Motor Vehicle Accident Indemnification Cor*702poration to accept a claim on behalf of his infant son or, in the alternative, for permission to file a late notice of claim. The application is made under section 608 of the Insurance Law which prescribes the period, during which such affidavit of claim may be filed, after 90 days from the commencement of the applicable period. The statute provides that application may be made to the court for leave to file the affidavit after 90 days and the court may in its discretion grant such leave where the…