Appellate Division of the Supreme Court of the State of New York July 10, 2003 (Crocco v. Town of New Scotland)

Crew III, J.P.

Appeal from an order of the Supreme Court (Malone, Jr., J.), entered October 4, 2002 in Albany County, which granted petitioner’s application pursuant to General Municipal Law § 50-e (5) for leave to file a late notice of claim.

On July 5, 2001, petitioner was involved in a one-vehicle motorcycle accident while driving on State Route 85 in the Town of New Scotland, Albany County.