Per Curiam.
The court lacked jurisdiction to entertain plaintiff's motion to validate the notice of claim served more than one year after the causes of action arose ( Matter of Martin v. School Bd. [ Long Beach], 301 N.Y. 233). An application for leave to serve a late notice of claim may be made only in the County Court or Supreme Court in the county where an action on the claim could properly be brought for trial ( Meier v. City of New York, 199 Misc. 305; Priceman v. City of New York, 199 Misc. 737). The holding of a hearing by the comptroller on plaintiff's claim against the City of New York did not constitute a waiver of the rights of the Board of Education ( Matter of Fabricant v. City of New York, 273 App. Div. 975, affd. 298 N.Y. 818).
The order should be reversed, with $10 costs, and motion denied.
HECHT, AURELIO and TILZER, JJ., concur.
Order reversed, etc.