WHITAKER, KAREN A. v. KENNEDY/TOWN OF POLAND

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 14-00028 PRESENT: SMITH, J.P., FAHEY, LINDLEY, WHALEN, AND DEJOSEPH, JJ.

IN THE MATTER OF KAREN A. WHITAKER, AS PROPOSED GUARDIAN OF JOSEPH L. MARTIN, JR., CLAIMANT-RESPONDENT, V ORDER KENNEDY/TOWN OF POLAND, TOWN OF POLAND HIGHWAY DEPARTMENT, RESPONDENTS-APPELLANTS, ET AL., RESPONDENTS.

SUGARMAN LAW FIRM, LLP, SYRACUSE (JENNA W. KLUCSIK OF COUNSEL), FOR RESPONDENTS-APPELLANTS.

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO (JOHN A. COLLINS OF COUNSEL), FOR CLAIMANT-RESPONDENT.

Appeal from an order of the Supreme Court, Chautauqua County (Deborah A. Chimes, J.), entered September 12, 2013. The order granted the application of claimant for leave to serve a late notice of claim on respondents Kennedy/Town of Poland and Town of Poland Highway Department.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs (see McBee v County of Onondaga, 34 AD3d 1360, 1360).

Entered: September 26, 2014 Frances E. Cafarell Clerk of the Court