| STEPHEN APPLEBEE V COUNTY OF CAYUGA |
| Motion No: CA 11-02090 |
| Slip Opinion No: 2011 NY Slip Op 92334(U) |
| Decided on December 8, 2011 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-02090
DOCKET NO. CA 11-02091
| STEPHEN APPLEBEE, PLAINTIFF-APPELLANT, V COUNTY OF CAYUGA,
DEFENDANT-RESPONDENT, COUNTY OF CAYUGA, DEFENDANT/THIRD-PARTY PLAINTIFF, V VILLAGE OF PORT BYRON,
THIRD-PARTY DEFENDANT-RESPONDENT. (APPEAL NO. 1.) STEPHEN APPLEBEE, PLAINTIFF-APPELLANT, V COUNTY OF CAYUGA,
DEFENDANT-RESPONDENT,
———————————————————— COUNTY
OF CAYUGA, DEFENDANT/THIRD-PARTY PLAINTIFF, V VILLAGE OF PORT BYRON, THIRD-PARTY DEFENDANT-RESPONDENT. (APPEAL NO.
2.) |
Defendant County of Cayuga having moved for reargument or, in the alternative, leave to appeal to the Court of Appeals from an order of this Court entered October 28, 2011,
Now, upon reading and filing the affirmation of Andrew J. Schwab, Esq., dated November 22, 2011, the notice of motion with proof of service thereof, the affirmation of Donald S. Thomson, Esq., dated November 23, 2011, and the affirmation of Jeffrey G. Pomeroy, Esq., dated December 2, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: December 8, 2011
Patricia L. Morgan, Clerk