MATTER OF MESEROLE v. COUNTY OF ERIE

375 CA 22-01379.

216 A.D.3d 1450 (2023)

187 N.Y.S.3d 458

2023 NY Slip Op 02438

In the Matter of Leslie Brill Meserole et al., Appellants, v. County of Erie et al., Respondents.

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

Decided May 5, 2023.


Attorney(s) appearing for the Case

JOHN RAY & ASSOCIATES, MILLER PLACE ( JOHN RAY OF COUNSEL), FOR PETITIONERS-APPELLANTS.

JEREMY C. TOTH , COUNTY ATTORNEY, BUFFALO, FOR RESPONDENTS-RESPONDENTS.

Present—Smith, J.P., Lindley, Bannister, Montour and Greenwood, JJ.


Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Donna M. Siwek, J.), entered February 10, 2022, in a proceeding pursuant to CPLR article 78. The judgment granted the motion of respondents to dismiss and dismissed the petition.

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

Memorandum: In this CPLR article 78 proceeding, petitioners appeal...

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