Opinion
03-24-2017
Acea MOSEY, as Administrator of the Estate of Laura Cummings, Deceased, Plaintiff–Appellant, v. COUNTY OF ERIE, Defendant–Respondent. (Appeal No. 3.).
Connors LLP, Buffalo (John T. Loss of Counsel), for plaintiff-appellant. Michael A. Siragusa, County Attorney, Buffalo (Jeremy C. Toth of Counsel), for defendant-respondent.
Connors LLP, Buffalo (John T. Loss of Counsel), for plaintiff-appellant.
Michael A. Siragusa, County Attorney, Buffalo (Jeremy C. Toth of Counsel), for defendant-respondent.
Same memorandum as in Mosey v. County of Erie (Appeal No. 1), –––A.D.3d ––––, ––– N.Y.S.3d ––––, 2017 WL 1115764 (Mar. 24, 2017).
It is hereby ORDERED that the order insofar as appealed from is unanimously reversed on the law without costs, and that part of plaintiff's motion seeking inclusion of the transcript of oral argument in the record on appeal in appeal No. 1 is granted.
SMITH, J.P., CARNI, LINDLEY, DeJOSEPH, and NEMOYER, JJ., concur.