Opinion
CA 05-01311.
February 3, 2006.
Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered December 17, 2004. The order denied plaintiff's "re-petition" seeking leave to serve a late notice of claim after the complaint had been dismissed.
THE BARNES FIRM, P.C., BUFFALO (JOHN SHEEHAN OF COUNSEL), FOR PLAINTIFF-APPELLANT.
LAURENCE K. RUBIN, COUNTY ATTORNEY, BUFFALO (RUTHANNE WANNOP OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
Present: Hurlbutt, J.P., Scudder, Gorski, Green and Hayes, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Same memorandum as in Wall v. Erie County ( 26 AD3d 753).