Harvey v Gaulin
2009 NY Slip Op 09904 [68 AD3d 1789]
December 30, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2010


Scott M. Harvey et al., Respondents, v Nicole M. Gaulin, Defendant. County of Orleans, Appellant. (Appeal No. 1.)

—[*1] Webster Szanyi LLP, Buffalo (Jeremy A. Colby of counsel), for appellant.

Handelman, Witkowicz & Levitsky, Rochester (Steven M. Witkowicz of counsel), for plaintiffs-respondents.

Appeal from a decision (denominated memorandum and decision) of the Supreme Court, Orleans County (James H. Dillon, J.), entered September 23, 2008 in a personal injury action. The decision stated that the court would allow the late filings of the notice of claim.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Harvey v Gaulin (68 AD3d 1789 [2009]). Present—Hurlbutt, J.P., Fahey, Peradotto, Green and Gorski, JJ.