Opinion
CA 03-00177
June 13, 2003.
Appeal from a judgment of Supreme Court, Monroe County (Cornelius, J.), entered March 19, 2002, which granted the motion of defendants Andrew Meloni, Sheriff of Monroe County, and County of Monroe for summary judgment dismissing the second amended complaint against them.
FARACI LANGE, LLP, ROCHESTER (PAUL K. LANGE OF COUNSEL), FOR PLAINTIFF-APPELLANT.
CHARLES S. TURNER, COUNTY ATTORNEY, ROCHESTER (HOWARD A. STARK OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
PRESENT: PINE, J.P., HURLBUTT, GORSKI, LAWTON, AND HAYES, JJ.
ORDER
It is hereby ORDERED that the judgment insofar as it concerns defendant Andrew Meloni, Sheriff of Monroe County, be and the same hereby is unanimously vacated and the judgment is otherwise affirmed without costs ( see Smelts v. Meloni [appeal No. 3], 306 A.D.2d 872 [June 13, 2003]).