Swift v. County of Onondaga

Appellate Division of the Supreme Court of New York

Swift v. County of Onondaga

210 A.D.2d 993, 621 N.Y.S.2d 1001

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 23, 1994

StatusPublished

This text of 210 A.D.2d 993 (Swift v. County of Onondaga) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Swift v. County of Onondaga, 210 A.D.2d 993, 621 N.Y.S.2d 1001 (N.Y. Ct. App. 1994).

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Opinion

—Judgment unanimously affirmed with costs. Memorandum: The notice of appeal states that this appeal is taken from an order entered March 16, 1993. A subsequent judgment subsumed that order. In the exercise of our discretion, we deem the appeal to have been taken from the subsequent judgment (see, CPLR 5520 [c]; Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988). The notice of appeal limits the appeal to the finding that the County of Onondaga, the Onondaga County Department of Social Services and Robert J. Stone, as Commissioner of the Onondaga County Department of Social Services, were negligent. Thus, we do not address the argument that the damages awarded by the jury were excessive (see, CPLR 5515 [1]; Sommers v Sommers, 203 AD2d 975). (Appeal from Judgment of Supreme Court, Onondaga County, Pooler, J.—Set Aside Verdict.) Present-Green, J. P., Lawton, Wesley, Doerr and Boehm, JJ.

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—Judgment unanimously affirmed with costs. Memorandum: The notice of appeal states that this appeal is taken from an order entered March 16, 1993. A subsequent judgment subsumed that order. In the exercise of our discretion, we deem the appeal to have been taken from the subsequent judgment (see, CPLR 5520 [c]; Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988). The notice of appeal limits the appeal to the finding that the County of Onondaga, the Onondaga County Department of Social Services and Robert J. Stone, as Commissioner of the Onondaga County Department of Social Services, were negligent. Thus, we do not address the argument that the damages awarded by the jury were excessive (see, CPLR 5515 [1]; Sommers v Sommers, 203 AD2d 975). (Appeal from Judgment of Supreme Court, Onondaga County, Pooler, J.—Set Aside Verdict.) Present-Green, J. P., Lawton, Wesley, Doerr and Boehm, JJ.

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210 A.D.2d 993, 621 N.Y.S.2d 1001, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swift-v-county-of-onondaga-nyappdiv-1994.

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