GLENN FREELAND AND SUSAN FREELAND AS ADMINISTRATORS FOR THE ESTATE OF TREVELL WALKER DECEASED AND AS GUARDIANS OF THE INFANT AND SOLE ISSUE JALEN WALKER PLAINTIFFS APPELLANTS v. APPEAL NO

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

GLENN FREELAND AND SUSAN FREELAND, AS ADMINISTRATORS FOR THE ESTATE OF TREVELL WALKER, DECEASED, AND AS GUARDIANS OF THE INFANT AND SOLE ISSUE JALEN WALKER, PLAINTIFFS–APPELLANTS, v. ERIE COUNTY, MARK POLONCARZ, ERIE COUNTY EXECUTIVE, TIMOTHY B. HOWARD, ERIE COUNTY SHERIFF AND MARK WIPPERMAN, ERIE COUNTY UNDERSHERIFF, DEFENDANTS–RESPONDENTS. (APPEAL NO. 2.)

CA 14–00266

Decided: November 21, 2014

PRESENT:  CENTRA, J.P., CARNI, VALENTINO, AND WHALEN, JJ. KEVIN T. STOCKER, TONAWANDA, FOR PLAINTIFFS–APPELLANTS. MICHAEL A. SIRAGUSA, COUNTY ATTORNEY, BUFFALO (ANTHONY B. TARGIA OF COUNSEL), FOR DEFENDANTS–RESPONDENTS.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by denying defendants' motion in part and reinstating the first cause of action by plaintiffs as administrators of the estate of Trevell Walker, deceased, against defendants Erie County, Timothy B. Howard, Erie County Sheriff, and Mark Wipperman, Erie County Undersheriff, and the third cause of action by plaintiffs as administrators of the estate of Trevell Walker, deceased, against defendants Timothy B. Howard, Erie County Sheriff, and Mark Wipperman, Erie County Undersheriff, and as modified the order is affirmed without costs.

Same Memorandum as in Freeland v. Erie County ( [appeal No. 1] _ AD3d _ [Nov. 21, 2014] ).

Frances E. Cafarell

Clerk of the Court