Roberts v Outhouse
2011 NY Slip Op 04915 [85 AD3d 1613]
June 10, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 10, 2011


James M. Roberts, Respondent, v Robert Outhouse, Sheriff of County of Cayuga, et al., Appellants.

—[*1] The Law Firm of Frank W. Miller, East Syracuse (Frank W. Miller of counsel), for defendants-appellants. Sugarman Law Firm, LLP, Syracuse (Amy M. Vanderlyke of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Cayuga County (Mark H. Fandrich, A.J.), entered December 6, 2010. The order, insofar as appealed from, denied the motion of defendants for summary judgment and to preclude plaintiff's expert testimony.

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