Fallon v. County of Westchester

In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the appeal is from a judgment of the Supreme Court, Westchester County (Burrows, J.), entered June 5,1990, which granted the petition.

Ordered that the judgment is reversed, as a matter of discretion, with costs, and the application for leave to serve a late notice of claim is denied.

The record reveals that the delay in seeking leave to serve a late notice of claim was not the product of the petitioner’s infancy, but rather was attributable to a delay on the part of *511her counsel. That delay…