Matter of Schunk v Town of York
2021 NY Slip Op 07398 [200 AD3d 1671]
December 23, 2021
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 2, 2022


[*1]
 In the Matter of Steven L. Schunk et al., Appellants,
v
Town of York et al., Respondents. (Appeal No. 2.)

Paul William Beltz, P.C., Buffalo (Anne B. Rimmler of counsel), for claimants-appellants.

Lippman O'Connor, Buffalo (Matthew J. Duggan of counsel), for respondent-respondent Town of York.

Webster Szanyi LLP, Buffalo (Peter L. Veech of counsel), for respondent-respondent County of Livingston.

Appeal from an order of the Supreme Court, Livingston County (Thomas E. Moran, J.), entered June 5, 2020. The order denied the motion of claimants for leave to reargue and renew their application for leave to serve a late notice of claim.

It is hereby ordered that said appeal from the order insofar as it denied leave to reargue is unanimously dismissed and the order is affirmed without costs.

Same memorandum as in Matter of Schunk v Town of York ([appeal No. 1] 200 AD3d 1669 [4th Dept 2021]). Present—Centra, J.P., Lindley, Curran, Troutman and DeJoseph, JJ.