Jones v Cheektowaga-Maryvale Union Free School Dist.
2007 NY Slip Op 03469 [39 AD3d 1237]
April 20, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 6, 2007


Ester Jones, Individually and as Legal Parent and Guardian of M.W.R.-J., Respondent, v Cheektowaga-Maryvale Union Free School District, Appellant.

—[*1] Petrone & Petrone, P.C., Syracuse (J. William Savage of counsel), for defendant-appellant.

Herschel Gelber, LLC, Amherst (Venita A. Parker of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered April 5, 2006. The order, among other things, granted plaintiff's application for leave to serve a late notice of claim.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Gorski, J.P., Lunn, Fahey, Green and Pine, JJ.