MATTER OF COLEHAMER v. CITY OF ALBANY

This is a discretionary order permitted by subdivision 5 of said section where the failure to file the claim seasonably is occasioned by the mental or physical incapacity of the claimant. The proofs upon which the order was made disclosed that claimant had been totally physically disabled since her accident and so mentally upset and confused by reason thereof that we may not say the court below abused its discretion in granting the order. Order unanimously affirmed, with $10 costs.