John F. White, as Administrator of the Estate of Donald J. White, Deceased, Respondent, v. City of New York, Appellant

John F. White, as Administrator of the Estate of Donald J. White, Deceased, Respondent, v. City of New York, Appellant. [MAJORITY] In an action to recover damages for wrongful death, order permitting plaintiff to serve a notice of claim later than sixty days after his appointment as administrator and directing that such service be deemed nunc pro tunc as within the sixty-day period, reversed on the law, without costs, and the motion denied, without costs. Under section 50-e of the General Municipal Law, prior to amendment (L. 1950, eh. 481), the plaintiff, as administrator, had a period of sixty days from the time of his appointment to serve a notice of claim. He is not one within the purview of subdivision 5 of section 50-e relating to those as to whom the court, in discretion, may extend the time of service. (Matter of Mulligan v. County of Westchester, 272 App. Div. 927; Mulligan v. City of New York, 273 App. Div. 152.) Nolan, P. J., Carswell, Johnston, Adel and Sneed, JJ., concur.