Matter of Demchik v County of Niagara
2011 NY Slip Op 06685 [87 AD3d 1294]
September 30, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 9, 2011


In the Matter of Charles Demchik, Appellant, v County of Niagara et al., Respondents.

—[*1] DeMarie & Schoenborn, P.C., Buffalo (Joseph Demarie of counsel), for claimant-appellant.

Gibson, McAskill & Crosby, LLP, Buffalo (Amanda C. Schieber of counsel), for respondents-respondents.

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered March 10, 2010. The order denied the application of claimant for leave to serve a late notice of claim.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Smith, Carni, Lindley and Martoche, JJ.