| RICHARD METCALF, SR., AS ADMINISTRATOR OF THE ESTATE OF RICHARD METCALF, JR., DECEASED, V COUNTY OF ERIE, ROBERT DEE |
| Motion No: 452-23 |
| Slip Opinion No: 2023 NY Slip Op 77863(U) |
| Decided on November 17, 2023 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SMITH, J.P., CURRAN, MONTOUR, AND OGDEN, JJ.
MOTION NO. 452-23
CA 22-01522
| RICHARD METCALF, SR., AS ADMINISTRATOR OF THE ESTATE OF RICHARD
METCALF, JR., DECEASED, PLAINTIFF-RESPONDENT-APPELLANT, V COUNTY OF ERIE, ROBERT DEE, MATTHEW CROSS, SCOTT EVANS, MICHAEL
ANDERSON, MATTHEW O'CONNELL, EDWARD KAWALEK, ROBERT STATES, SCOTT EMERLING, RICHARD
FRYS, DEFENDANTS-APPELLANTS-RESPONDENTS, ET AL., DEFENDANTS. |
Defendants, County of Erie, Edward Kawalek, Robert States, Scott Emerling, Robert Dee and Matthew Cross having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered August 30, 2023,
Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are denied.
Entered: November 17, 2023
Ann Dillon Flynn
Clerk of the Court