Opinion
739 CA 20-01366
11-12-2021
In the Matter of Karen J. MURRAY and CHS Mobile Integrated Health Care, Inc., Petitioners-Plaintiffs-Appellants-Respondents, v. NORTH GREECE FIRE DISTRICT, Respondent-Defendant-Respondent-Appellant, and Monroe Medi-Trans, Inc., Doing Business as Monroe Ambulance (as a Necessary Party), Respondent-Defendant-Respondent.
PINSKY LAW GROUP, PLLC, SYRACUSE (BRADLEY M. PINSKY OF COUNSEL), FOR PETITIONERS-PLAINTIFFS-APPELLANTS-RESPONDENTS. HANNIGAN LAW FIRM PLLC, DELMAR (TIMOTHY C. HANNIGAN OF COUNSEL), FOR RESPONDENT-DEFENDANT-RESPONDENT-APPELLANT. GIRVIN & FERLAZZO, P.C., ALBANY (PATRICK J. FITZGERALD OF COUNSEL), FOR RESPONDENT-DEFENDANT-RESPONDENT.
PINSKY LAW GROUP, PLLC, SYRACUSE (BRADLEY M. PINSKY OF COUNSEL), FOR PETITIONERS-PLAINTIFFS-APPELLANTS-RESPONDENTS.
HANNIGAN LAW FIRM PLLC, DELMAR (TIMOTHY C. HANNIGAN OF COUNSEL), FOR RESPONDENT-DEFENDANT-RESPONDENT-APPELLANT.
GIRVIN & FERLAZZO, P.C., ALBANY (PATRICK J. FITZGERALD OF COUNSEL), FOR RESPONDENT-DEFENDANT-RESPONDENT.
PRESENT: WHALEN, P.J., CENTRA, NEMOYER, TROUTMAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order and judgment so appealed from is unanimously affirmed without costs.
Memorandum: We affirm for reasons stated in the decision at Supreme Court. We add only that the court did not address that part of the motion of respondent-defendant North Greece Fire District (District) seeking an award of attorney's fees and costs, and thus it was deemed denied (see Abasciano v. Dandrea , 83 A.D.3d 1542, 1543, 924 N.Y.S.2d 696 [4th Dept. 2011] ; Brown v. U.S. Vanadium Corp. , 198 A.D.2d 863, 864, 604 N.Y.S.2d 432 [4th Dept. 1993] ). Contrary to the District's contention on its cross appeal, we conclude that the motion was properly denied to that extent inasmuch as the District provided no evidence that petitioners-plaintiffs engaged in frivolous conduct (see 22 NYCRR 130-1.1 [c]).