Witt v. Town of Amherst (17 A.D.3d 1030, 2005)

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.