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LEGAL SERVICES FOR THE ELDERLY, DISABLED, OR DISADVANTAGED OF WESTERN NEW YORK, INC. v. COUNTY OF ERIE

71 CA 14-01387.

125 A.D.3d 1321 (2015)

LEGAL SERVICES FOR THE ELDERLY, DISABLED, OR DISADVANTAGED OF WESTERN NEW YORK, INC., et al., Respondents, v. COUNTY OF ERIE et al., Appellants.

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

Decided February 6, 2015.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: David Glenn's former power of attorney commenced this action seeking damages for injuries sustained by Glenn while he was in the custody of defendant Erie County Sheriff's Department. Contrary to defendants' contention, Supreme Court properly denied their motion seeking dismissal of the complaint based upon plaintiffs' failure to appear at a hearing scheduled pursuant...

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