| Hart v County of Erie |
| 2020 NY Slip Op 07778 [189 AD3d 2123] |
| December 23, 2020 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Robin Hart, as Administrator of the Estate of Eain Clayton
Brooks, Deceased, Respondent, v County of Erie, Appellant, et al., Defendant. (Appeal No. 1.) |
Michael A. Siragusa, County Attorney, Buffalo (Jeremy C. Toth of counsel), for defendant-appellant.
Chiacchia & Fleming, LLP, Hamburg (Daniel J. Chiacchia of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Erie County (Mark J. Grisanti, A.J.), entered July 31, 2019. The order denied the motion of defendant County of Erie for summary judgment.
It is hereby ordered that said appeal is unanimously dismissed without costs (see Loafin' Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985, 985 [4th Dept 1990]). Present—Centra, J.P., Peradotto, Lindley, NeMoyer and Troutman, JJ.