In the Matter of Mark McAllister, an Infant, Plaintiff, and Eudell McAllister, His Mother and Guardian, Respondent, v. New York City Housing Authority, Appellant, 21 A.D.2d 660

Order, entered on December 5, 1963, unanimously modified, on the law, to the extent of denying leave to the adult plaintiff, Eudell McAllister, to file a late notice of claim, and, as so modified, the order is affirmed, with $20 costs and disbursements to appellant. There is no proof, nor does the adult plaintiff claim that she was mentally or physically incapacitated from filing a notice of claim in her own behalf within the time limited by statute. Accordingly the court was without power, in the absence thereof, to grant leave (General Municipal Law, § 50-e; Biancoviso v. City of New York, 285 App.

Div. 320, 325; Matter of Matrisciano v. City of New York, 281 App. Div. 1046). Concur — Breitel, J. P., Valente, Stevens, Eager and Steuer, JJ.