*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 888

CA 10-02515

PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND MARTOCHE, JJ. IN THE MATTER OF CHARLES DEMCHIK,

CLAIMANT-APPELLANT,

V ORDER COUNTY OF NIAGARA, NIAGARA COUNTY SHERIFF’S

OFFICE, AND JAMES R. CONTOUR, IN HIS OFFICIAL

CAPACITY AS NIAGARA COUNTY SHERIFF,

RESPONDENTS-RESPONDENTS.

DEMARIE & SCHOENBORN, P.C., BUFFALO (JOSEPH DEMARIE OF COUNSEL), FOR CLAIMANT-APPELLANT.

GIBSON, MCASKILL & CROSBY, LLP, BUFFALO (AMANDA C. SCHIEBER OF COUNSEL), FOR RESPONDENTS-RESPONDENTS. Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered March 10, 2010. The order denied the application of claimant for leave to serve a late notice of claim.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Entered: September 30, 2011 Patricia L. Morgan

Clerk of the Court