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LYNCH v. WATERS

CA 10-00947.

82 A.D.3d 1719 (2011)

DONNA PRINCE LYNCH, Individually and as Parent and Natural Guardian of PHILIP LAWRENCE LYNCH, an Infant, 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. 2.)

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided March 25, 2011.

Motion insofar as it sought in the alternative leave to appeal to the Court of Appeals be and the same hereby is denied and the motion insofar as it sought reargument is granted in part and, upon reargument, the majority memorandum and order entered December 30, 2010 (79 A.D.3d 1709 [2010]) is vacated and the following majority memorandum and order is substituted therefor:

It is hereby...

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