Matre v. Erie County Public Administrator

—Order unanimously affirmed with costs. Memorandum: Plaintiff’s decedent commenced this action to recover damages for injuries he sustained when his motorcycle collided with an automobile operated by Joseph J. Ziolkowski. Plaintiff’s decedent filed his summons and complaint against Ziolkowski approximately 2V2 months after Ziolkowski’s death. The insurance carrier for Ziolkowski hired an attorney to represent him, and that attorney prepared and served an answer admitting the allegation in the complaint that Ziolkowski “was and still is a resident of the County of Erie.” The attorney also…