Matter of Whitaker v Kennedy/Town of Poland

Matter of Whitaker v Kennedy/Town of Poland 2014 NY Slip Op 06424 Decided on September 26, 2014 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on September 26, 2014 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., FAHEY, LINDLEY, WHALEN, AND DEJOSEPH, JJ.
903 CA 14-00028

[*1]IN THE MATTER OF KAREN A. WHITAKER, AS PROPOSED GUARDIAN OF JOSEPH L. MARTIN, JR., CLAIMANT-RESPONDENT,

v

KENNEDY/TOWN OF POLAND, TOWN OF POLAND HIGHWAY DEPARTMENT, RESPONDENTS-APPELLANTS, ET AL., RESPONDENTS.

Appeal from an order of the Supreme Court, Chautauqua County (Deborah A. Chimes, J.), entered September 12, 2013. The order granted the application of claimant for leave to serve a late notice of claim on respondents Kennedy/Town of Poland and Town of Poland Highway Department.

SUGARMAN LAW FIRM, LLP, SYRACUSE (JENNA W. KLUCSIK OF COUNSEL), FOR RESPONDENTS-APPELLANTS.

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO (JOHN A. COLLINS OF COUNSEL), FOR CLAIMANT-RESPONDENT.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs (see McBee v County of Onondaga, 34 AD3d 1360, 1360).

Entered: September 26, 2014

Frances E. Cafarell

Clerk of the Court