ROSE v. ELLIS

86 CA 22-01751.

2024 NY Slip Op 01405

MICHAEL ROSE, AS ADMINISTRATOR OF THE ESTATE OF JESSIE ROSE, DECEASED, AND INDIVIDUALLY AS FATHER OF JESSIE ROSE, AND KRISTINE ROSE, INDIVIDUALLY AS MOTHER OF JESSIE ROSE, Plaintiffs-Appellants, v. ANTHONY ELLIS AND CITY OF UTICA, Defendants-Respondents.

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

Decided March 15, 2024.


Attorney(s) appearing for the Case

WOODRUFF LEE CARROLL P.C., SYRACUSE ( WOODRUFF LEE CARROLL OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

WILLIAM M. BORRILL , CORPORATION COUNSEL, UTICA ( ZACHARY C. OREN OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

PRESENT: SMITH, J.P., CURRAN, MONTOUR, NOWAK, AND KEANE, JJ.


Appeal from an order of the Supreme Court, Oneida County (Charles C. Merrell, J.), entered September 28, 2022. The order granted defendants' motion for summary judgment and dismissed the amended complaint.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this action arising from the death of plaintiffs' decedent during an incident in which defendant Anthony Ellis, a police officer employed by defendant...

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