Judgment (designated order), Supreme Court, New York County, entered, May 5, 1972, granting petitioner’s application for an order permitting her to serve a notice of intention to make claim on the Motor Vehicle Accident Indemnification Corp., is unanimously reversed, on the law, without costs and without disbursements, the application denied and the petition dismissed. Petitioner was allegedly injured as a result of an automobile accident which occurred on December 24, 1970. A notice of intention to make claim against the Motor Vehicle Accident Indemnification Corp. was first served in February, 1972. That notice was served within 10 days after petitioner had received a letter from the tort-feasor’s purported insurer stating that the policy of insurance had been canceled prior to the date of the accident. The Motor Vehicle Accident Indemnification Corp. rejected the claim on the basis that the notice was not timely and accordingly, this application dated March 15, 1972 was brought. We believe that the petition
