Witt v. Town of Amherst, 17 A.D.3d 1030

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered May 24, 2004. The order granted claimant‘s motion for leave to reargue and, upon reargument, the court adhered to its prior decision.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Claimant appeals from an order granting her motion for leave to reargue and, upon reargument, adhering to the prior decision denying her application for leave to serve a late notice of claim. We affirm. Pursuant to General Municipal Law § 50-e (5), Supreme Court in its discretion may extend the time in which to serve a notice of claim, but in no event shall the extension “exceed the time limited for the commencement

Case Details

Case Name: Witt v. Town of Amherst

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Apr 29, 2005

Citations: 17 A.D.3d 1030; 793 N.Y.S.2d 796; Appeal No. 1

Docket Number: Appeal No. 1

Court Abbreviation: N.Y. App. Div.