Opinion
CA 03-00025
June 13, 2003.
Appeal from an order of Supreme Court, Monroe County (Cornelius, J.), entered March 5, 2002, which granted the motion of defendants Andrew Meloni, Sheriff of Monroe County, and County of Monroe seeking 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 said appeal be and the same hereby is unanimously dismissed without costs with respect to defendant Andrew Meloni, Sheriff of Monroe County ( see Matter of Eric D. [appeal No. 1], 162 A.D.2d 1051) and with respect to defendant County of Monroe ( see Hughes v. Nussbaumer, Clarke Velzy, 140 A.D.2d 988; Chase Manhattan Bank v. Roberts Roberts, 63 A.D.2d 566, 567; see also CPLR 5501 [a] [1]).