Opinion
No. CA 09-00974.
December 30, 2009.
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.
WEBSTER SZANYI LLP, BUFFALO (JEREMY A. COLBY OF COUNSEL), FOR APPELLANT COUNTY OF ORLEANS.
HURWITZ FINE, P.C., BUFFALO (SHAWN P. MARTIN OF COUNSEL), FOR APPELLANT KENDALL CENTRAL SCHOOL DISTRICT.
HANDELMAN, WITKOWICZ LEVITSKY, ROCHESTER (STEVEN M. WITKOWICZ OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
Present: Hurlbutt, J.P., Fahey, Peradotto, Green and Gorski, JJ.
It is hereby ordered that said appeal is unanimously dismissed without costs.
Same memorandum as in Harvey v Gaulin ( 68 AD3d 1789).