MATTER OF MANGINO v. TOWN OF MAMARONECK

2016-11807 Index No. 63043/16.

160 A.D.3d 864 (2018)

75 N.Y.S.3d 81

2018 NY Slip Op 02625

In the Matter of Michele Mangino, as the Administrator of the Estate of Rudolfo Mangino, Deceased, Respondent, v. Town of Mamaroneck et al., Appellants.

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

Decided April 18, 2018.


Ordered that the order is reversed, on the law and the facts, without costs or disbursements, the petition is denied, and the proceeding is dismissed.

On July 20, 2015, the petitioner's decedent, Rudolfo Mangino, was transported by ambulance from the nursing home in which he resided to a hospital, where he was treated and pronounced dead on the same day. The ambulance was operated by the Town of Mamaroneck and the Town of Mamaroneck Ambulance District (hereinafter...

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