| COUNTY OF ERIE V FRANCIS B. VOLANTE |
| Motion No: 1282-16 |
| Slip Opinion No: 2017 NY Slip Op 69056(U) |
| Decided on March 24, 2017 |
| 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: WHALEN, P.J., SMITH, CARNI, DEJOSEPH, AND CURRAN, JJ.
MOTION NO. 1282-16
DOCKET NO. CA 16-00413
| COUNTY OF ERIE, PLAINTIFF-APPELLANT, V FRANCIS B. VOLANTE,
DEFENDANT-RESPONDENT. |
Appellant having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered December 23, 2016,
Now, upon reading and filing the affidavit of Anthony B. Targia, Esq., sworn to January 30, 2017, the notice of motion with proof of service thereof, and the affirmation of Stephen P. Brooks, Esq., dated February 9, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: March 24, 2017
Frances E. Cafarell, Clerk