In Scalise v. State of New York (210 AD2d 916 [4th Dept 1994]), the Appellate Division, Fourth Department, held: "The State's affirmative defense adequately apprised claimant of the untimely service, thus preserving that objection. Indeed, claimant responded to the answer by applying for permission to file a late claim, and did not oppose the State's cross motion to dismiss." (Id. at 917)