Order unanimously reversed, without costs of this appeal to any party, and motion granted, without costs. Memorandum: In the exercise of a proper discretion and in the interest of justice, the motion should have been granted. (Appeal from final order of Erie Special Term denying plaintiff’s motion to file a notice of claim after expiration of the statutory period.) Present — Williams,.?. J., Bastow, Goldman, Henry and Noonan, JJ.