PREZIOSO v. COUNTY OF NIAGARA

887 CA 21-01406.

213 A.D.3d 1302 (2023)

183 N.Y.S.3d 825

2023 NY Slip Op 00768

Salvatore P. Prezioso, Respondent, v. County of Niagara et al., Appellant, et al., Defendants.

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

Decided February 10, 2023.


Attorney(s) appearing for the Case

GIBSON, McASKILL & CROSBY, LLP, BUFFALO ( BRIAN P. CROSBY OF COUNSEL), FOR DEFENDANTS-APPELLANTS COUNTY OF NIAGARA AND JAMES VOUTOUR, AS NIAGARA COUNTY SHERIFF.

RICOTTA, MATTREY, CALLOCCHIA, MARKEL & CASSERT, BUFFALO ( KATHERINE V. MARKEL OF COUNSEL), FOR DEFENDANT-APPELLANT DR. ANA NATASHA CERVANTES.

O'BRIEN & FORD, P.C., BUFFALO ( CHRISTOPHER M. PANNOZZO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present— Whalen, P.J., Peradotto, Lindley, Winslow and Bannister, JJ.


Appeals from an order of the Supreme Court, Niagara County (Frank Caruso, J.), entered September 28, 2021. The order, among other things, denied in part the motion of defendants County of Niagara, Niagara County Sheriff's Department, and James Voutour, as Niagara County Sheriff, to dismiss the second amended complaint against them and denied the motion of Dr. Ana Natasha Cervantes to dismiss the second amended complaint against...

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