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FIKE v. TOWN OF WEBSTER

11 A.D.3d 888 (2004)

782 N.Y.S.2d 491

RONALD W. FIKE et al., Appellants-Respondents, v. TOWN OF WEBSTER et al., Respondents-Appellants.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 1, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the cross motion and dismissing the complaint and as modified the order is affirmed without costs.

Memorandum:

Supreme Court did not abuse its discretion when it denied plaintiffs' application for leave to serve a late notice of claim (see Matter of Plante v County of Rensselaer,

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