Erie Ins. Co. v City of Syracuse

2003 NY Slip Op 18693 [1 AD3d 1065]

Decided on November 21, 2003

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 21, 2003

SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: PIGOTT, JR., P.J., GREEN, SCUDDER, KEHOE, AND HAYES, JJ.

1337 CA 03-01109

[*1]ERIE INSURANCE COMPANY, AS SUBROGEE OF ANSELMO SUSTACHE, PLAINTIFF-RESPONDENT, ORDER

v

CITY OF SYRACUSE, DEFENDANT-APPELLANT.

Appeal from an order of Supreme Court, Onondaga County (Centra, J.), entered August 8, 2002, which granted plaintiff's application for leave to serve a late notice of claim.


TERRI BRIGHT, CORPORATION COUNSEL, SYRACUSE (MARY ANNE DOHERTY OF COUNSEL), FOR DEFENDANT-APPELLANT.
HANDELMAN, WITKOWICZ & LEVITSKY, ROCHESTER (ERIC D. HANDELMAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.



It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: November 21, 2003JoAnn M. Wahl
Clerk of the Court