Matter of Erie County Sheriff's Police Benevolent Assn. v County of Erie
2010 NY Slip Op 03704 [72 AD3d 1638]
April 30, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 9, 2010


In the Matter of Erie County Sheriff's Police Benevolent Association et al., Respondents, v County of Erie et al., Appellants.

—[*1] Cheryl A. Green, County Attorney, Buffalo (Jeannine M. Purtell of counsel), for respondents/defendants-appellants.

Bartlo, Hettler & Weiss, Kenmore (Paul D. Weiss of counsel), for petitioners/plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered June 12, 2009 in a CPLR article 75 proceeding and breach of contract action. The order granted the motion of petitioners/plaintiffs for partial summary judgment on the issue of liability. [*2]

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Martoche, J.P., Smith, Fahey, Peradotto and Green, JJ.