Distinguished
Distinguished by Barron v. Town of Esopus, 246 A.D.2d 707 (1998)
Apts. v Huffcut, 23 AD2d 508; Matter of Onteora Club v Board of Assessors, 17 AD2d 1008, affd 13 NY2d 1170) are distinguishable in that each of the cited cases dealt with improper service, which is not an issue here.
The opinion
Order affirmed, without
costs; no
opinion.
Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke and Scileppi. Taking no part: Judge Bergan.