ACEA MOSEY AS ADMINISTRATOR OF THE ESTATE OF LAURA CUMMINGS DECEASED PLAINTIFF APPELLANT v. APPEAL NO (2014)

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

ACEA MOSEY, AS ADMINISTRATOR OF THE ESTATE OF LAURA CUMMINGS, DECEASED, PLAINTIFF–APPELLANT, v. TIMOTHY B. HOWARD, ERIE COUNTY SHERIFF, DEFENDANT–RESPONDENT. (APPEAL NO. 2.)

CA 13–00809

Decided: May 02, 2014

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, AND VALENTINO, JJ.

CONNORS & VILARDO, LLP, BUFFALO (JOHN T. LOSS OF COUNSEL), FOR PLAINTIFF–APPELLANT. MICHAEL A. SIRAGUSA, COUNTY ATTORNEY, BUFFALO (JEREMY C. TOTH OF COUNSEL), FOR DEFENDANT–RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by denying defendant's motion in part and reinstating the third cause of action and the fourth cause of action to the extent that it is based on the third cause of action and as modified the order is affirmed without costs.

Same Memorandum as in Mosey v. County of Erie ( [appeal No. 1] _ AD3d _ [May 2, 2014] ).

Frances E. Cafarell

Clerk of the Court

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