Order unanimously reversed, without costs, and defendant county's motion granted. Memorandum: Special Term improperly denied defendant's motion to dismiss the cause of action for conscious pain and suffering and granted plaintiff's cross motion for leave to file a notice of claim nunc pro tunc. Plaintiff's decedent, while a prisoner in the custody of the county, was hospitalized on August 22, 1979. From August 22, 1979 until his death on December 25, 1979, decedent was continuously in a coma. The notice of claim was filed on March 25, 1980 but no application for leave to file a late notice of claim was made until November 18, 1982. Giving plaintiff the benefit of tolling of the Statute of Limitations (CPLR 208) during the entire period that decedent was in a coma, the application was not made until approximately 35 months after decedent's disability ceased. Because the application was made after the expiration of the maximum period permitted by subdivision 5 of section 50-e and section 50-i Gen. Mun. of the General Municipal Law (one year and 90 days), plaintiff's motion should have been denied and the cause of action for conscious pain and suffering dismissed (see Pierson v City of New York, 56 N.Y.2d 950; Cohen v Pearl Riv. Union Free School Dist., 51 N.Y.2d 256).