Matter of DiFrancesco v County of Niagara
2014 NY Slip Op 04374 [118 AD3d 1360]
June 13, 2014
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 30, 2014


[*1]
 In the Matter of Lisa DiFrancesco et al., Respondents, v County of Niagara et al., Appellants, et al., Respondents.

Jaeckle Fleischmann & Mugel, LLP, Buffalo (Beverley S. Braun of counsel), for respondents-appellants County of Niagara and James R. Voutour, as Sheriff of County of Niagara.

Shawn P. Nickerson, City Attorney, North Tonawanda, for respondent-appellant City of North Tonawanda.

Law Offices of W. James Schwan, Buffalo (W. James Schwan of counsel), for respondent-appellant Niagara County Deputy Sheriff's Association.

Reden & O'Donnell, LLP, Buffalo (Terry M. Sugrue of counsel), for petitioners-respondents.

Appeals from a judgment (denominated order) of the Supreme Court, Niagara County (Matthew J. Murphy, III, A.J.), entered February 28, 2013 in a proceeding pursuant to CPLR article 78. The judgment granted the petition.

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