Matter of Gumkowski v. Town of Tonawanda

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered March 21, 2017. The order, inter alia, granted the application of claimant for leave to serve a late notice of claim.

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

Memorandum: Respondent appeals from an order that, inter alia, granted claimant’s application for leave to serve a late notice of claim (see generally General Municipal Law § 50-e [5]). We affirm. In determining whether to grant such an application, Supreme Court should consider “whether the claimant…