Beach v Village of Wolcott

Beach v Village of Wolcott 2010 NY Slip Op 09830 [79 AD3d 1823] 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

Harry J. Beach et al., Appellants, v Village of Wolcott et al., Respondents, et al., Defendant.

—[*1] Shanley Law Offices, Mexico (P. Michael Shanley of counsel), for plaintiffs-appellants.

Petrone & Petrone, P.C., Utica (David H. Walsh of counsel), for defendants-respondents.

Appeal from an order and judgment (one paper) of the Supreme Court, Wayne County (John B. Nesbitt, A.J.), entered October 5, 2009. The order and judgment granted the motion of defendants Village of Wolcott and Village of Wolcott Highway Department for summary judgment and dismissed the complaint against them.

It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs. Present—Martoche, J.P., Fahey, Carni, Lindley and Sconiers, JJ.