PARTY PLAINTIFFS APPELLANTS v. APPEAL NO (2010)

Supreme Court, Appellate Division, Fourth Department, New York.

PARTY PLAINTIFFS-APPELLANTS, v. THE POMPEY HILL FIRE DISTRICT, THE POMPEY HILL FIRE DEPARTMENT, RICHARD ABBOTT, IN HIS OFFICIAL CAPACITY AS AN ASSISTANT CHIEF OF THE POMPEY HILL FIRE DEPARTMENT, MARK KOVALEWSKI, IN HIS OFFICIAL CAPACITY AS AN ASSISTANT CHIEF OF THE POMPEY HILL FIRE DEPARTMENT, THE VILLAGE OF MANLIUS, THE MANLIUS FIRE DEPARTMENT, RAYMOND DILL, IN HIS OFFICIAL CAPACITY AS DEPUTY CHIEF OF THE MANLIUS FIRE DEPARTMENT, THIRD-PARTY DEFENDANTS-RESPONDENTS, AND JOSEPH MESSINA, THIRD-PARTY DEFENDANT. (APPEAL NO. 1.)

CA 10-00945

Decided: December 30, 2010

PRESENT:  SMITH, J.P., CENTRA, FAHEY, PERADOTTO, AND PINE, JJ.

GORDON J. CUFFY, COUNTY ATTORNEY, SYRACUSE (MARY J. FAHEY OF COUNSEL), FOR DEFENDANTS-APPELLANTS-RESPONDENTS AND THIRD-PARTY PLAINTIFFS-APPELLANTS. MICHAELS & SMOLAK, P.C., AUBURN (MICHAEL G. BERSANI OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT. TADDEO & SHAHAN, LLP, SYRACUSE (STEVEN C. SHAHAN OF COUNSEL), FOR THIRD-PARTY DEFENDANTS-RESPONDENTS THE POMPEY HILL FIRE DISTRICT, THE POMPEY HILL FIRE DEPARTMENT, RICHARD ABBOTT, IN HIS OFFICIAL CAPACITY AS AN ASSISTANT CHIEF OF THE POMPEY HILL FIRE DEPARTMENT, AND MARK KOVALEWSKI, IN HIS OFFICIAL CAPACITY AS AN ASSISTANT CHIEF OF THE POMPEY HILL FIRE DEPARTMENT. MAYNARD, O'CONNOR, SMITH & CATALINOTTO, LLP, ALBANY (ROBERT A. RAUSCH OF COUNSEL), FOR THIRD-PARTY DEFENDANTS-RESPONDENTS THE VILLAGE OF MANLIUS AND THE MANLIUS FIRE DEPARTMENT. UNDERBERG & KESSLER LLP, ROCHESTER (DAVID H. FITCH OF COUNSEL), FOR THIRD-PARTY DEFENDANT-RESPONDENT RAYMOND DILL, IN HIS OFFICIAL CAPACITY AS DEPUTY CHIEF OF THE MANLIUS FIRE DEPARTMENT.