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SUZANNE P. v. JOINT BD. OF DIRECTORS OF ERIE-WYOMING COUNTY SOIL CONSERVATION DIST.

1205 CA 19-02264.

194 A.D.3d 1483 (2021)

147 N.Y.S.3d 843

2021 NY Slip Op 02968

Suzanne P., as Administratrix of the Estate of Mitchell P., Deceased, Respondent, v. Joint Board of Directors of Erie-Wyoming County Soil Conservation District, Also Known as the Erie-Wyoming Joint Watershed Board, Appellant.

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

Decided May 27, 2021.

Attorney(s) appearing for the Case

WALSH, ROBERTS & GRACE, BUFFALO ( MARK P. DELLA POSTA , OF COUNSEL), FOR DEFENDANT-APPELLANT.

PAUL WILLIAM BELTZ, P.C., BUFFALO ( WILLIAM A. QUINLAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present— Peradotto, J.P., Carni, Lindley, Curran and Bannister, JJ.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, plaintiff's motion is denied, defendant's motion is granted, and the complaint is dismissed.

Memorandum: As summarized in our decision on the prior appeal in this matter (Suzanne P. v Joint Bd. of Directors of Erie-Wyoming County Soil Conservation Dist., 175 A.D.3d 1093 [4th Dept 2019]), plaintiff commenced this...

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