TIMOTHY HEWITT PLAINTIFF APPELLANT v. TIMOTHY HEWITT PLAINTIFF APPELLANT

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Supreme Court, Appellate Division, Fourth Department.

TIMOTHY C. HEWITT, PLAINTIFF–APPELLANT, v. COUNTY OF CHAUTAUQUA, RAYMOND R. WHITACRE, INDIVIDUALLY AND AS PARENT OF BRENDYN J. WHITACRE, AND BRENDYN J. WHITACRE, DEFENDANTS–RESPONDENTS. TIMOTHY C. HEWITT, PLAINTIFF–APPELLANT

CA 16–02309

Decided: September 29, 2017

PRESENT:  CARNI, J.P., LINDLEY, NEMOYER, CURRAN, AND TROUTMAN, JJ. WEBSTER SZANYI LLP, BUFFALO (BRITTANY JONES OF COUNSEL), FOR DEFENDANT–RESPONDENT COUNTY OF CHAUTAUQUA. BOUVIER LAW, LLP, BUFFALO (NORMAN E.S. GREENE OF COUNSEL), FOR DEFENDANTS–RESPONDENTS RAYMOND R. WHITACRE, INDIVIDUALLY AND AS PARENT OF BRENDYN J. WHITACRE, AND BRENDYN J. WHITACRE.

MEMORANDUM AND ORDER

PRO SE.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum:  Plaintiff commenced this action seeking damages for injuries he allegedly sustained when he was struck by the metal head of a rake while at the transfer station owned by defendant County of Chautauqua.  We affirm the order for reasons stated in the decision at Supreme Court.  We write only to note that plaintiff failed to address in his brief that part of the order granting the individual defendants' motion for summary judgment, and thus we do not review that part of the order.

Mark W. Bennett

Clerk of the Court