Burgess v Bavis
2020 NY Slip Op 04096 [185 AD3d 1462]
July 17, 2020
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 2, 2020


[*1]
 Susan L. Burgess, Appellant,
v
Terri Bavis, Superintendent of Schools, et al., Respondents, et al., Defendant.

Kirwan Law Firm, P.C., Syracuse (Terry J. Kirwan, Jr., of counsel), for plaintiff-appellant.

Ferrara Fiorenza PC, East Syracuse (Charles E. Symons of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Wayne County (Daniel G. Barrett, A.J.), entered April 15, 2019. The order granted the motion of plaintiff for leave to reargue and, upon reargument, adhered to a prior order granting the motion of defendants-respondents to dismiss the complaint against them and denying plaintiff's cross motion for leave to serve a late notice of claim.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Smith, J.P., Carni, Curran, Troutman and Winslow, JJ.