It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.
Memorandum: Plaintiff commenced this action to recover damages for injuries he sustained when he was shot by defendant Niagara County Sheriff's Deputy Cory Diez. Although the original complaint sought damages from John Doe rather than Diez, Supreme Court granted plaintiff's motion for leave to amend the notice of claim and pleadings to substitute Diez for John Doe, and this...
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