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GARCIA v. TOWN OF TONAWANDA

1184 CA 19-01833.

194 A.D.3d 1479 (2021)

143 N.Y.S.3d 635

2021 NY Slip Op 02966

Osvaldo Garcia, Appellant, v. Town of Tonawanda et al., Respondents, et al., Defendant.

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

Decided May 27, 2021.

Attorney(s) appearing for the Case

CAMPBELL & ASSOCIATES, EDEN ( JOHN T. RYAN OF COUNSEL), FOR PLAINTIFF-APPELLANT.

COLUCCI & GALLAHER, P.C., BUFFALO ( RYAN L. GELLMAN OF COUNSEL), FOR DEFENDANT-RESPONDENT TOWN OF TONAWANDA.

MICHAEL A. SIRAGUSA , COUNTY ATTORNEY, BUFFALO ( KENNETH R. KIRBY , OF COUNSEL), FOR DEFENDANT-RESPONDENT COUNTY OF ERIE.

Present—Carni, J.P., Lindley, Curran, Winslow and DeJoseph, JJ.

It is hereby ordered that said appeal is dismissed without costs.

Memorandum: Plaintiff purports to appeal from a memorandum decision that granted the motions of defendant Town of Tonawanda and defendant County of Erie for summary judgment dismissing the complaint against them. We dismiss the appeal. "[N]o appeal lies from a [mere] decision" (Gunn v Palmieri, 86 N.Y.2d 830, 830 [1995]; see Kuhn v Kuhn,

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