Opinion
CA 05-02116.
September 22, 2006.
Appeal from an order of the Supreme Court, Oneida County (Norman I. Siegel, A.J.), entered January 21, 2005 in a personal injury and wrongful death action. The order, among other things, granted the motions of defendants Town of Westmoreland and Jeffrey J. Schaller for summary judgment dismissing the complaint against them.
MURAD AND MURAD, UTICA (FREDERICK W. MURAD OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.
BOEGGEMAN, GEORGE, HODGES CORDE, P.C., WHITE PLAINS (PAUL E. SVENSSON OF COUNSEL), FOR DEFENDANT-RESPONDENT TOWN OF WESTMORELAND.
TADDEO SHAHAN, LLP, SYRACUSE (STEVEN C. SHAHAN OF COUNSEL), FOR DEFENDANTS-RESPONDENTS LAIRDSVILLE FIRE DEPARTMENT, INC., LOWELL FIRE DEPARTMENT, WESTMORELAND FIRE DEPARTMENT, WESTMORELAND FIRE DISTRICT, ALAN BAIRD, III, INDIVIDUALLY AND AS FIRST ASSISTANT CHIEF OF LAIRDSVILLE FIRE DEPARTMENT, INC., GARY SPAVEN, INDIVIDUALLY AND AS SECOND ASSISTANT CHIEF OF LAIRDSVILLE FIRE DEPARTMENT, INC., JAMES KIMBALL, INDIVIDUALLY AND AS CHIEF OF WESTMORELAND FIRE DEPARTMENT, PETER HOLMES, INDIVIDUALLY AND AS CHIEF OF WESTMORELAND FIRE DISTRICT, LEON R. VANBENSCHOTEN, III, INDIVIDUALLY AND AS COMMISSIONER OF WESTMORELAND FIRE DISTRICT, BERNARD LUCAS, INDIVIDUALLY AND AS COMMISSIONER OF WESTMORELAND FIRE DISTRICT, RANDY SMITH, INDIVIDUALLY AND AS COMMISSIONER OF WESTMORELAND FIRE DISTRICT, BERNARD J. SZAREK, JR., INDIVIDUALLY AND AS COMMISSIONER OF WESTMORELAND FIRE DISTRICT, RONALD M. DRAKE, INDIVIDUALLY AND AS COMMISSIONER OF WESTMORELAND FIRE DISTRICT, ROBERT WALSH, INDIVIDUALLY AND AS COMMISSIONER OF WESTMORELAND FIRE DISTRICT, AND GEORGE A. DORN, INDIVIDUALLY AND AS CHIEF OF LOWELL FIRE DEPARTMENT.
KNYCH WHRITENOUR, LLC, SYRACUSE (MATTHEW E. WHRITENOUR OF COUNSEL), FOR DEFENDANT-RESPONDENT JEFFREY J. SCHALLER.
Present — Pigott, Jr., P.J., Hurlbutt, Martoche and Green, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Same memorandum as in Croman v County of Oneida (32 AD3d 1186 [2006]).