In Baez v. New York City Health & Hosps. Corp. (80 N.Y.2d 571, 576, 607 N.E.2d 787, 592 N.Y.S.2d 640 [1992]), the Court observed that at the time plaintiff executor's wrongful death cause of action commenced, "a one-year and 90-day Statute of Limitations period . . . applied to actions commenced against employees of municipal defendants or public corporations (General Municipal Law 50-i)." In Baez, the statute could not be tolled, however, because plaintiff, as executor, could have sought appointment as the personal representative for the estate and commenced the wrongful death action--the CPLR 208 infancy toll did not apply because the infant distributees could not "commence the action." (80 N.Y.2d at 577, 607 N.E.2d 787, 592 N.Y.S.2d 640.)