Opinion
Submitted April 19, 2000.
June 12, 2000.
In a proceeding for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e(5), the petitioners appeal (1) from an order of the Supreme Court, Nassau County (Winick, J.), dated August 9, 1999, which denied the petition and dismissed the proceeding, and (2), as limited by their brief, from so much of an order of the same court, dated November 10, 1999, as, upon renewal, adhered to the original determination.
Sullivan Papain Block McGrath Cannavo, P.C., New York, N Y (Stephen C. Glasser and Joseph R. Crafa of counsel), for appellants.
Richard S. Leffer, Chief Deputy County Attorney, Mineola, N Y (Gerald R. Podlesak of counsel), for respondents.
Before: GUY JAMES MANGANO, P.J., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the appeal from the order dated August 9, 1999, is dismissed, as that order was superseded by the order dated November 10, 1999, made upon renewal; and it is further,
ORDERED that the order dated November 10, 1999, is affirmed insofar as appealed from; and it is further,
ORDERED that the respondents are awarded one bill of costs.
The Supreme Court providently exercised its discretion in denying the petition for leave to serve a late notice of claim (see, General Municipal Law § 50-e; Moise v. County of Nassau, 234 A.D.2d 275; Matter of Morehead v. Westchester County, 222 A.D.2d 507).