Kirchner v County of Niagara
2017 NY Slip Op 06740 [153 AD3d 1574]
September 29, 2017
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 1, 2017


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 Jason Kirchner, Appellant, v County of Niagara et al., Respondents. (Appeal No. 2.)

Hogan Willig, PLLC, Amherst (Steven M. Cohen of counsel), for plaintiff-appellant.

Feldman Kieffer, LLP, Buffalo (Matthew J. Kibler of counsel), for defendants-respondents James J. Woytash, M.D. and another.

Michael A. Siragusa, County Attorney, Buffalo (Shawn P. Hennessy of counsel), for defendant-respondent County of Erie.

Gibson, McAskill & Crosby, LLP, Buffalo (Michael J. Willett of counsel), for defendants-respondents County of Niagara and another.

Appeal from an order of the Supreme Court, Niagara County (Mark Montour, J.), entered April 25, 2016. The order, among other things, denied plaintiff's motion for leave to reargue and/or renew his opposition to the motions of defendants for summary judgment.

It is hereby ordered that said appeal from the order insofar as it denied leave to reargue is unanimously dismissed and the order is affirmed without costs.

Same memorandum as in Kirchner v County of Niagara ([appeal No. 1] 153 AD3d 1572 [2017]). Present—Whalen, P.J., Smith, Centra, Peradotto and Carni, JJ.