| Matter of Witt v Town of Amherst |
| 2005 NY Slip Op 03383 [17 AD3d 1030] |
| April 29, 2005 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Mary Elizabeth Witt, Appellant, v Town of Amherst, Respondent. (Appeal No. 1.) |
—[*1]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.