Abate v. County of Erie ( 2021 )

Abate v County of Erie (2021 NY Slip Op 05276)

Abate v County of Erie

2021 NY Slip Op 05276

Decided on October 1, 2021

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 1, 2021
PRESENT: SMITH, J.P., NEMOYER, CURRAN, BANNISTER, AND DEJOSEPH, JJ. (Filed Oct. 1, 2021.)
MOTION NO. (222/21) CA 20-00127.

[*1]JACQUELINE ABATE, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF DONALD ABATE, DECEASED, PLAINTIFF-RESPONDENT-APPELLANT,

v

COUNTY OF ERIE, ERIE COUNTY SHERIFF'S OFFICE, DEFENDANTS-APPELLANTS-RESPONDENTS, ET AL., DEFENDANT.

MEMORANDUM AND ORDER

Motion for reargument or leave to appeal to the Court of Appeals denied. Cross motion for reargument marked as withdrawn.