We hold this proceeding was not prematurely brought. We construe the words “ within one year thereafter ” in the first subdivision of section 205 of the General Municipal Law *601as relating to the time of death following injury and not the time for the payment by the municipality following death.
All concur. Present — Sears, P. J., Taylor, Edgcomb, Crosby and Lewis, JJ.
Order reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.