Wall v. Erie County , 807 N.Y.S.2d 891 ( 2006 )

Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered December 17, 2004. The order denied plaintiffs “re-petition” seeking leave to serve a late notice of claim after the complaint had been dismissed.

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 [2006]). Fresent—Hurlbutt, J.P., Scudder, Gorski, Green and Hayes, JJ.