Hyperlawhypertext legal database Whitaker v. Kennedy/Town of Poland 120 A.D.3d 1571

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Whitaker v. Kennedy/Town of Poland

120 A.D.3d 1571 Court N.Y. App. Div. Decision date 2014-09-26 English

Judges Present — Smith, J.P, Fahey, Lindley, Whalen and DeJoseph, JJ.

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p. 1571
In the Matter of Karen A. Whitaker, as Proposed Guardian of Joseph L. Martin, Jr., Respondent, v Kennedy/Town of Poland et al., Appellant, et al., Respondents.
[992 NYS2d 658]

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.

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 [2006]).

Present — Smith, J.P, Fahey, Lindley, Whalen and DeJoseph, JJ.