
11 N.Y.3d 807 (2008)
STEPHEN F. BRUMMER, Plaintiff,
v.
TOWN OF TONAWANDA et al., Defendants. CHRISTOPHER A. SPENCE, P.C., Appellant; THE BARNES FIRM, P.C., Successor to CELLINO & BARNES, Respondant.
Court of Appeals of the State of New York.
Submitted July 28, 2008.
October 21, 2008.
Reported below, 48 AD3d 1127.
Motion for leave to appeal dismissed as untimely (see CPLR 5513 [b]; Eaton v State of New York, 76 NY2d 824 [1990]).
