Opinion
March 12, 1993
Appeal from the Supreme Court, Erie County, Glownia, J.
Present — Pine, J.P., Fallon, Boomer, Davis and Boehm, JJ.
Order unanimously reversed on the law without costs and motion denied. Memorandum: Supreme Court improvidently exercised its discretion in granting the motion of Bontrager Realty, Inc. (Bontrager) to vacate the initial deadline established by the court and to extend the time limitation to file a claim for compensation pursuant to EDPL 503 (B). Bontrager failed to demonstrate either a reasonable excuse for its failure to comply with that filing deadline or that it had a meritorious claim (see, Grandinetti v. Metropolitan Transp. Auth., 74 N.Y.2d 785; Metropolitan Transp. Auth. v. Pizzuti, 156 A.D.2d 546).
Bontrager's argument that the Notice of Acquisition was not properly served upon it is raised for the first time on appeal, and thus that argument is not before us (see, Matter of Town of Minerva v. Essex County Indus. Dev. Agency, 173 A.D.2d 1054, 1055, lv denied 78 N.Y.2d 857).
We have considered the remaining arguments advanced by Bontrager and find them to be without merit.