Persi v. Churchville-Chili Central School District

Order reversed, without costs, and motion denied. Memorandum: This is an appeal from an order permitting Ernest Persi, III, to file a late notice of claim. The order denied the father’s application to file a claim for damages recoverable' in his derivative cause of action and no appeal has been taken from that portion of the order. It is alleged in an affidavit by plaintiffs’ attorney that Ernest Persi, III, was injured on defendant’s property on November 10, 1977. Fourteen months later, on January 16, 1979, plaintiffs made their first application to file a late notice of claim. That motion…