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Witt v. Town of Amherst

17 A.D.3d 1030 Court N.Y. App. Div. Decision date 2005-04-29 Docket Appeal No. 1 English

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p. 1030
In the Matter of Mary Elizabeth Witt, Appellant, v Town of Amherst, Respondent.
(Appeal No. 1.)
[793 NYS2d 796]

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered January 30, 2004. The order denied claimant’s application for leave to serve a late notice of claim.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Loafin’ Tree Rest, v Pardi [appeal No. 1], 162 AD2d 985 [1990]). Present—Pigott, Jr., P.J., Hurlbutt, Martoche, Smith and Pine, JJ.