Traylor v. Comsewogue School District

—In a proceeding pursuant to General Municipal Law § 50-e and Education Law § 3813 for leave to serve a late notice of claim, the petitioners appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Henry, J.), dated May 5, 1998, as denied leave to assert a claim for the decedent’s conscious pain and suffering and a derivative claim.

*333Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court did not improvidently exercise its discretion in denying the petitioners leave to assert a claim for the decedent’s conscious pain…