Benjamin v. County of Warren

Kane, J. (concurring in part and dissenting in part). I am unable to find that Special Term abused its discretion by denying the application on behalf of the infant daughter for leave to serve a late notice of claim. While the period within which a court may grant an extension to serve a notice of claim is tolled during infancy, the availability of the toll does not itself mandate that an extension be granted. Rather, such determination remains discretionary (General Municipal Law § 50-e [5]; Matter of Ford v Town of Guilderland, 85 AD2d 868). In my opinion, a review of the record reveals no…