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MATTER OF LANNON v. TOWN OF HENRIETTA

Appellate Division of the Supreme Court of New York, Fourth Department.
Mar 1, 1985

Order unanimously affirmed, with costs. Memorandum: Special Term did not abuse its discretion in granting the infant leave to file a late notice of claim. Contrary to defendant's assertion, the court properly considered the disability of infancy even though it was not the cause of the delay in filing the notice ( see, Matter of Ziecker v. Town of Orchard Park, 70 A.D.2d 422, 427, affd 51 N.Y.2d 957).