Ambrosano v. Canajoharie Central School District

—Mahoney, P. J.

Appeal from an order of the Supreme Court (Best, J.), entered March 19, 1990 in Montgomery County, which granted petitioner’s application pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim.

On March 26, 1989 petitioner, while on leave from his duties at West Point Military Academy, was injured while playing basketball on a court on the grounds of Canajoharie Elementary School, premises under the control of respondent. Richard Rose, School Superintendent for respondent, was a participant in the game that resulted in petitioner’s injury.

On…