| Gates v Simpson |
| 2025 NY Slip Op 04312 [240 AD3d 1204] |
| July 25, 2025 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Linda L. Gates, as Administrator of the Estate of
Michael H. Gates, Deceased, Appellant, v Donald J. Simpson et al., Respondents. (Appeal No. 1.) |
Cellino Law, LLP, Rochester (Robert L. Voltz of counsel), for plaintiff-appellant.
Webster Szanyi LLP, Buffalo (Michael P. McClaren of counsel), for defendants-respondents Town of Henrietta and Joseph E. LaRocca.
Appeal from an order of the Supreme Court, Monroe County (James A. Vazzana, J.), entered January 19, 2024 in a personal injury action arising from a motor vehicle accident. The order granted the motion of defendants Town of Henrietta and Joseph E. LaRocca for summary judgment dismissing the complaint against said defendants.
It is hereby ordered that said appeal is unanimously dismissed without costs (see Matter of Eric D. [appeal No. 1], 162 AD2d 1051, 1051 [4th Dept 1990]). Present—Curran, J.P., Bannister, Smith, DelConte and Hannah, JJ.