Lynch v Waters

Lynch v Waters 2010 NY Slip Op 09695 [79 AD3d 1709] December 30, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 16, 2011

Donna Prince Lynch, Individually and as Parent and Natural Guardian of Philip Lawrence Lynch, and as Administratrix of the Estate of Timothy John Lynch, Deceased, Respondent-Appellant, v Mike Waters, as Fire Control Coordinator of County of Onondaga, et al., Appellants-Respondents/Third-Party Plaintiffs-Appellants. The Pompey Hill Fire District et al., Third-Party Defendants-Respondents, et al., Third-Party Defendant. (Appeal No. 1.)

—[*1] Gordon J. Cuffy, County Attorney, Syracuse (Mary J. Fahey of counsel), for defendants-appellants-respondents and third-party plaintiffs-appellants.

Michaels & Smolak, P.C., Auburn (Michael G. Bersani of counsel), for plaintiff-respondent-appellant.

Taddeo & Shahan, LLP, Syracuse (Steven C. Shahan of counsel), for third-party defendants-respondents the Pompey Hill Fire District, the Pompey Hill Fire Department, Richard Abbott, in His Official Capacity as an Assistant Chief of the Pompey Hill Fire Department and Mark Kovalewski, in His Official Capacity as an Assistant Chief of the Pompey Hill Fire Department.

Maynard, O'Connor, Smith & Catalinotto, LLP, Albany (Robert A. Rausch of counsel), for third-party defendants-respondents the Village of Manlius and the Manlius Fire Department.

Underberg & Kessler LLP, Rochester (David H. Fitch of counsel), for third-party defendant-respondent Raymond Dill, in His Official Capacity as Deputy Chief of the Manlius Fire Department.

Appeal and cross appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered July 22, 2009. The order, among other things, granted the motions of third-party defendants the Pompey Hill Fire District, the Pompey Hill Fire Department, Richard Abbott, in his Official Capacity as an Assistant Chief of the Pompey Hill Fire Department, and Mark Kovalewski, in his Official Capacity as an Assistant Chief of the Pompey Hill Fire Department, the Village of Manlius, the Manlius Fire Department, Raymond Dill, in his Official Capacity as Deputy Chief of the Manlius Fire Department, for summary judgment dismissing the third-party complaint against them.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Matter of Eric D. [appeal No. 1], 162 AD2d 1051 [1990]). Present—Smith, J.P., Centra, Fahey, Peradotto and Pine, JJ.