Balducci v. Motor Vehicle Accident Indemnification Corp.

Order insofar as appealed from unanimously reversed, without costs, and motion, insofar as it grants permission to Susan Balducci to file a late notice of claim, denied. Memorandum: The court had no power under section 608 of the Insurance Law to grant the motion of Susan Balducci to file a claim derivative or otherwise. (Appeal from certain parts of an order of Herkimer Special Term granting leave to file late claim.) Present —'Williams, P. J., Bastow, Henry, Del Vechhio and Marsh, JJ.