| Matter of Whitaker v Kennedy/Town of Poland |
| 2014 NY Slip Op 06424 [120 AD3d 1571] |
| September 26, 2014 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Karen A. Whitaker, as Proposed Guardian of Joseph L. Martin, Jr., Respondent, v Kennedy/Town of Poland et al., Appellant, et al., Respondents. |
Sugarman Law Firm, LLP, Syracuse (Jenna W. Klucsik of counsel), for respondents-appellants.
Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of counsel), for claimant-respondent.
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.