Kappell v City of Rochester
2021 NY Slip Op 04894 [197 AD3d 1024]
August 26, 2021
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 6,, 2021


[*1]
 Jeremy Kappell, Appellant,
v
City of Rochester et al., Respondents.

Ricotta & Marks, P.C., Long Island City (Thomas Ricotta of counsel), for plaintiff-appellant.

Timothy R. Curtin, Corporation Counsel, Rochester (Patrick Beath of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Monroe County (William K. Taylor, J.), entered March 16, 2020. The order, among other things, granted the motion of defendants to dismiss the complaint and dismissed the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court (2020 NY Slip Op 34553[U] [Sup Ct, Monroe County 2020]). Present—Centra, J.P., Peradotto, NeMoyer, Curran and DeJoseph, JJ.