Appellate Division of the Supreme Court of New York, 2014

Whitaker v. Kennedy/Town of Poland

Appellate Division of the Supreme Court of New York · Decided September 26, 2014 · Dejoseph, Fahey, Lindley, Smith, Whalen

120 A.D.3d 1571; 992 N.Y.S.2d 658; 2014 NY Slip Op 06424; 2014 N.Y. App. Div. LEXIS 6368

Opinion of the Court

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 [2006]).

Present — Smith, J.P, Fahey, Lindley, Whalen and DeJoseph, JJ.

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