Appellate Division of the Supreme Court of the State of New York January 27, 2009 (Gelish v. Dix Hills Water District)

In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the petitioner appeals from an order of the Supreme Court, Suffolk County (Farneti, J.), dated February 7, 2008, which denied the petition.

Ordered that the order is reversed, on the facts and in the exercise of discretion, the petition is granted, and the notice of claim is deemed served.