Maguire v Town of Cheektowaga
2011 NY Slip Op 02603 [83 AD3d 1471]
April 1, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 8, 2011


James Maguire, Respondent, v Town of Cheektowaga, Appellant.

—[*1] Chelus, Herdzik, Speyer & Monte, P.C., Buffalo (Arthur A. Herdzik of counsel), for defendant-appellant.

Bouvier Partnership, LLP, Buffalo (Norman E.S. Greene of counsel), for plaintiff-respondent.

Appeal from an amended order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered August 4, 2010. The amended order, insofar as appealed from, granted the cross motion of plaintiff for leave to serve an amended complaint asserting a cause of action pursuant to 42 USC § 1983 and adding John/Jane Doe as a defendant.

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