CICCO, MICHAEL P. v. DUROLEK, FRED S.

Appeal from an order of the Supreme Court, Niagara County (Frank Caruso, J.), entered March 7, 2016. The order granted the motion of defendants for leave to serve and file a late demand for a jury trial.

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

Memorandum: Plaintiff appeals from an order granting defendants’ motion for leave to serve and file a late demand for a jury trial pursuant to CPLR 4102 (e). Contrary to plaintiff’s contention, Supreme Court did not err in granting the motion. The decision “whether to relieve a party from failing to…