Malay v City of Syracuse (2014 NY Slip Op 00059)

Malay v City of Syracuse

2014 NY Slip Op 00059 [113 AD3d 1141]

January 3, 2014

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, March 5, 2014

Eileen Malay, Appellant,
v
City of Syracuse, Respondents.

—[*1] O'Hara, O'Connell & Ciotoli, Fayetteville (Frank S. Gattuso of counsel), for plaintiff-appellant.

Mary Anne Doherty, Corporation Counsel, Syracuse (James McGinty of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Onondaga County (Brian F. DeJoseph, J.), entered November 29, 2012. The order granted the motion of defendants for dismissal of plaintiff's complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Centra, J.P., Peradotto, Carni, Lindley and Valentino, JJ.