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MATTER OF SCHUNK v. TOWN OF YORK

934 CA 20-00018.

200 A.D.3d 1669 (2021)

155 N.Y.S.3d 900

2021 NY Slip Op 07397

In the Matter of Steven L. Schunk et al., Appellants, v. Town of York et al., Respondents. (Appeal No. 1.)

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

Decided December 23, 2021.

Attorney(s) appearing for the Case

PAUL WILLIAM BELTZ, P.C., BUFFALO ( ANNE B. RIMMLER OF COUNSEL), FOR CLAIMANTS-APPELLANTS.

LIPPMAN O'CONNOR, BUFFALO ( MATTHEW J. DUGGAN OF COUNSEL), FOR RESPONDENT-RESPONDENT TOWN OF YORK.

WEBSTER SZANYI LLP, BUFFALO ( PETER L. VEECH OF COUNSEL), FOR RESPONDENT-RESPONDENT COUNTY OF LIVINGSTON.

Present—Centra, J.P., Lindley, Curran, Troutman and DeJoseph, JJ.

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

Memorandum: In appeal No. 1, claimants appeal from an order that denied their application for leave to serve a late notice of claim alleging that Steven L. Schunk (claimant) sustained injuries in a motor vehicle accident that resulted from a hazardous road design that respondents created and permitted to persist. In appeal No. 2, claimants appeal from an order that

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