STEPHEN CASSIDY PLAINTIFF RESPONDENT v. LIVINGSTON COUNTY AND LIVINGSTON COUNTY SHERIFF DEPARTMENT DEFENDANTS APPELLANTS (2026)

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

STEPHEN CASSIDY, PLAINTIFF-RESPONDENT, v. LIVINGSTON COUNTY AND LIVINGSTON COUNTY SHERIFF'S DEPARTMENT, DEFENDANTS-APPELLANTS.

533 Decided: June 26, 2026

PRESENT: WHALEN, P.J., CURRAN, OGDEN, GREENWOOD, AND HANNAH, JJ.

PHILLIPS LYTLE LLP, BUFFALO (RYAN A. LEMA OF COUNSEL), FOR DEFENDANTS-APPELLANTS. HERMAN LAW, NEW YORK CITY (CRAIG BERNHARDT OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: In an action to recover damages for personal injuries pursuant to the Child Victims Act (see CPLR 214-g), defendants appeal from an order that directed the in camera review of unredacted documents sought by plaintiff in a motion to compel discovery. We conclude that the appeal must be dismissed. “Inasmuch as the order effectively defe[rs] the determination of the ․ motion [until] the completion of [Supreme Court's] in camera review, it does not affect a substantial right of defendant[s], and thus no appeal lies as of right therefrom” (Schwartz v Schwartz [appeal No. 2], 238 AD3d 1514, 1516 [4th Dept 2025] [internal quotation marks omitted]; see CPLR 5701 [a] [2] [v]; H.M. v Roman Catholic Diocese of Brooklyn, 242 AD3d 735, 736 [2d Dept 2025]; Buhler v Sheridan, 134 AD2d 822, 822 [4th Dept 1987]).

Entered: June 26, 2026

Ann Dillon Flynn

Clerk of the Court

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