| RICHARD METCALF, SR., AS ADMINISTRATOR OF THE ESTATE OF RICHARD METCALF, JR., DECEASED V COUNTY OF ERIE, ROBERT DEE |
| Motion No: CA 24-01888 and CA 24-01889 |
| Slip Opinion No: 2025 NY Slip Op 79690(U) |
| Decided on October 21, 2025 |
| 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: LINDLEY, J.P., CURRAN, BANNISTER, MONTOUR, AND SMITH, JJ.
CA 24-01888 and CA 24-01889
| RICHARD METCALF, SR., AS ADMINISTRATOR OF THE ESTATE OF RICHARD
METCALF, JR., DECEASED, PLAINTIFF-RESPONDENT, V COUNTY OF ERIE, ROBERT DEE, MATTHEW CROSS, EDWARD KAWALEK, ROBERT
STATES, SCOTT EMERLING, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. |
Appellants County of Erie, Robert Dee, Edward Kawalek, Robert States, and Scott Emerling, having applied for leave to file an oversized brief, on the appeals taken herein from an order of the Supreme Court, Erie County, entered October 30, 2024 and a judgment entered November 8, 2024,
Now, upon reading and filing the papers with respect to the applications, and due deliberation having been had thereon,
It is hereby ORDERED that the applications are denied.
Entered: October 21, 2025
Ann Dillon Flynn
Clerk of the Court