Opinion
2014-05-2
Acea MOSEY, As Administrator of the Estate of Laura Cummings, Deceased, Plaintiff–Appellant, v. Timothy B. HOWARD, Erie County Sheriff, Defendant–Respondent. (Appeal No. 2.).
Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered July 10, 2012. The order granted the motion of defendant to dismiss the complaint and dismissed the complaint. Connors & Vilardo, LLP, Buffalo (John T. Loss of Counsel), for Plaintiff–Appellant. Michael A. Siragusa, County Attorney, Buffalo (Jeremy C. Toth of Counsel), for Defendant–Respondent.
Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered July 10, 2012. The order granted the motion of defendant to dismiss the complaint and dismissed the complaint.
Connors & Vilardo, 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 ––––, 984 N.Y.S.2d 706, 2014 WL 1717023 [May 2, 2014] ).
It is hereby ORDERED that the order so appealed from is unanimously modified on the law by denying defendant's motion in part and reinstating the third cause of action and the fourth cause of action to the extent that it is based on the third cause of action and as modified the order is affirmed without costs. SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, and VALENTINO, JJ., concur.