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MATTER OF MURRAY v. NORTH GREECE FIRE DIST.

739 CA 20-01366.

199 A.D.3d 1337 (2021)

154 N.Y.S.3d 531

2021 NY Slip Op 06233

In the Matter of Karen J. Murray et al., Appellants-Respondents, v. North Greece Fire District, Respondent-Appellant, and Monroe Medi-Trans, Inc., Doing Business as Monroe Ambulance (as a Necessary Party), Respondent.

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

Decided November 12, 2021.

Attorney(s) appearing for the Case

PINSKY LAW GROUP, PLLC, SYRACUSE ( BRADLEY M. PINSKY OF COUNSEL), FOR PETITIONERS-PLAINTIFFS-APPELLANTS-RESPONDENTS.

HANNIGAN LAW FIRM PLLC, DELMAR ( TIMOTHY C. HANNIGAN OF COUNSEL), FOR RESPONDENT-DEFENDANT-RESPONDENT-APPELLANT.

GIRVIN & FERLAZZO, P.C., ALBANY ( PATRICK J. FITZGERALD OF COUNSEL), FOR RESPONDENT-DEFENDANT-RESPONDENT.

Present—Whalen, P.J., Centra, NeMoyer, Troutman and Winslow, JJ.

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

Memorandum: We affirm for reasons stated in the decision at Supreme Court. We add only that the court did not address that part of the motion of respondent/defendant North Greece Fire District (District) seeking an award of attorney's fees and costs, and thus it was deemed denied (see Abasciano v Dandrea, 83 A.D.3d 1542

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