Hewitt v County of Chautauqua
2017 NY Slip Op 06801 [153 AD3d 1646]
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


[*1]
 Timothy C. Hewitt, Appellant,
v
County of Chautauqua et al., Respondents.

Timothy C. Hewitt, plaintiff-appellant pro se.

Webster Szanyi LLP, Buffalo (Brittany Jones of counsel), for defendant-respondent County of Chautauqua.

Bouvier Law, LLP, Buffalo (Norman E.S. Greene of counsel), for defendants-respondents Raymond R. Whitacre, Individually and as Parent of Brendyn J. Whitacre and another.

Appeal from an order of the Supreme Court, Chautauqua County (Frank A. Sedita, III, J.), entered September 8, 2016. The order granted the motions of defendants for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries he allegedly sustained when he was struck by the metal head of a rake while at the transfer station owned by defendant County of Chautauqua. We affirm the order for reasons stated in the decision at Supreme Court. We write only to note that plaintiff failed to address in his brief that part of the order granting the individual defendants' motion for summary judgment, and thus we do not review that part of the order. Present—Carni, J.P., Lindley, NeMoyer, Curran and Troutman, JJ. [Prior Case History: 53 Misc 3d 1201(A), 2016 NY Slip Op 51305(U).]