Riccio v. Town of Eastchester

*592In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the petitioners appeal from an order of the Supreme Court, Westchester County (Donovan, J.), entered October 1, 2008, which denied the petition.

Ordered that the order is affirmed, with costs.

On July 13, 2007 the infant petitioner Shane Riccio allegedly was injured in the playground of Lake Isle Park in the respondent Town of Eastchester when he was knocked from a slide. More than 10 months later, on May 23, 2008, Shane and his mother (hereinafter together the petitioners) petitioned for…