County of Erie v M/A-Com, Inc.
2013 NY Slip Op 01735 [104 AD3d 1243]
March 15, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 24, 2013


County of Erie, Respondent, v M/A-Com, Inc., et al., Defendants, and Kevin J. Comerford, Appellant. (Appeal No. 2.)

—[*1] David J. Seeger, Buffalo, for defendant-appellant.

Gross, Shuman, Brizdle & Gilfillan, P.C., Buffalo (Katherine M. Liebner of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered February 23, 2011. The order denied the motion of defendant Kevin J. Comerford to compel plaintiff to pay the costs of his defense in the action.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Scudder, P.J., Carni, Sconiers, Valentino and Whalen, JJ.