| Calhoun v County of Herkimer |
| 2019 NY Slip Op 01026 [169 AD3d 1499] |
| February 8, 2019 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Dawn Calhoun, Appellant, v County of Herkimer et al., Defendants, and Jeff Whittemore, in His Individual and Official Capacity, Respondent. (Appeal No. 2.) |
Bosman Law Firm, LLC, Rome (A.J. Bosman of counsel), for plaintiff-appellant.
Johnson & Laws, LLC, Clifton Park (Gregg T. Johnson of counsel), for defendant-respondent.
Appeal from an order of the Supreme Court, Herkimer County (Erin P. Gall, J.), entered July 18, 2017. The order granted the motion of defendant Jeff Whittemore for attorneys' fees.
It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the motion is denied.
Same memorandum as in Calhoun v County of Herkimer ([appeal No. 1] 169 AD3d 1495 [4th Dept 2019]). Present—Smith, J.P., Centra, Peradotto, Curran and Troutman, JJ.