SHAW v. CITY OF ROCHESTER (2022)

Court of Appeals of New York.

Sharad SHAW, Appellant, v. CITY OF ROCHESTER et al., Respondents.

No. 101 SSM 11

Decided: September 15, 2022

Van Henri White, Rochester, for appellant. Linda S. Kingsley, Corporation Counsel, Rochester (John M. Campolieto of counsel), for respondents.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules, appeal dismissed, with costs, upon the ground that the two-Justice dissent at the Appellate Division is not on a question of law which would be reviewable by the Court of Appeals (see CPLR 5601[a]; 5501[a][1]). The dissent was predicated on an order denying partial summary judgment that did not necessarily affect the judgment from which the appeal was taken (see Bonczar v. American Multi–Cinema, Inc., 38 N.Y.3d 1023, 168 N.Y.S.3d 711, 188 N.E.3d 1000 [2022]).

Acting Chief Judge Cannataro and Judges Rivera, Garcia, Wilson and Singas concur. Judge Troutman took no part.

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