Rodgers v. Town of Cheektowaga , 523 N.Y.S.2d 988 ( 1987 )

— Order unanimously affirmed with costs for reasons stated at Supreme Court, Gossel, J. Memorandum: Since the town’s alternative ground for reversal was raised for the first time on appeal, we have not considered it. (Appeal from order of Supreme Court, Erie County, Gossel, J. — late notice of claim.) Present — Callahan, J. P., Denman, Boomer, Pine and Lawton, JJ.