— Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered June 1, 2009. The order 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. Present — Scudder, P.J., Martoche, Lindley, Green and Gorski, JJ.