Opinion
No. CA 10-02008.
April 1, 2011.
Appeal from an amended order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered August 4, 2010. The amended order, insofar as appealed from, granted the cross motion of plaintiff for leave to serve an amended complaint asserting a cause of action pursuant to 42 USC § 1983 and adding John/Jane Doe as a defendant.
CHELUS, HERDZIK, SPEYER MONTE, P.C., BUFFALO (ARTHUR A. HERDZIK OF COUNSEL), FOR DEFENDANT-APPELLANT.
BOUVIER PARTNERSHIP, LLP, BUFFALO (NORMAN E.S. GREENE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Present — Smith, J.P., Fahey, Peradotto, Lindley and Martoche, JJ.
It is hereby ordered that the amended order so appealed from is unanimously affirmed without costs.