Harris v City of Buffalo

Harris v City of Buffalo 2016 NY Slip Op 08791 Decided on December 23, 2016 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 December 23, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., SMITH, CARNI, DEJOSEPH, AND CURRAN, JJ.
1286 CA 16-00664

[*1]NAKITA HARRIS, INDIVIDUALLY, AND AS PARENT AND NATURAL GUARDIAN OF MYRA HARRIS, PLAINTIFF-APPELLANT,

v

CITY OF BUFFALO, BUFFALO BOARD OF EDUCATION, BUFFALO PUBLIC SCHOOL #53, THE AFTER SCHOOL PROGRAM AND THE DIRECTOR OF THE AFTER SCHOOL PROGRAM (JOINTLY AND SEVERALLY), DEFENDANTS-RESPONDENTS.

JAMES P. DAVIS, BUFFALO, FOR PLAINTIFF-APPELLANT.

TIMOTHY A. BALL, CORPORATION COUNSEL, BUFFALO (DAVID M. LEE OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered May 5, 2015. The order granted the motion of defendants for summary judgment and dismissed the complaint.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court (see Brandy B. v Eden Cent. Sch. Dist., 15 NY3d 297, 301-303).

Entered: December 23, 2016

Frances E. Cafarell

Clerk of the Court