Chadsey v. Erie County Industrial Development Agency

Order unanimously affirmed without costs. Memorandum: Respondent appeals from an order that granted claimants’ motion for leave to serve a late notice of claim. Claimants alleged that the claim accrued on October 4, 1991. They sought permission to serve a late notice of claim on June 29, 1992.

Pursuant to General Municipal Law § 50-e (5) and applicable case law, the court has broad discretion to extend the time to serve a notice of claim so long as the motion is made within the time available for the commencement of an action (see, Matter of Daniel J. v New York City Health & Hosps. Corp., 77…