ZEMBIEC, THOMAS C. v. COUNTY OF MONROE

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: September 30, 2011
• Docket: CA 11-00385
• Status: Published

Opinion

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

982 CA 11-00385 PRESENT: SMITH, J.P., CENTRA, CARNI, GREEN, AND MARTOCHE, JJ.

IN THE MATTER OF THOMAS C. ZEMBIEC, PETITIONER-RESPONDENT,

V ORDER

COUNTY OF MONROE, MONROE COUNTY SHERIFF’S DEPARTMENT, PATRICK O’FLYNN, SHERIFF, MONROE COUNTY SHERIFF’S DEPARTMENT, IN HIS OFFICIAL AND INDIVIDUAL CAPACITY, AND UNDERSHERIFF GARY CAIOLA, IN HIS OFFICIAL AND INDIVIDUAL CAPACITY, RESPONDENTS-APPELLANTS. (APPEAL NO. 1.)

DAVID VAN VARICK, COUNTY ATTORNEY, ROCHESTER (JAMES L. GELORMINI OF COUNSEL), FOR RESPONDENTS-APPELLANTS.

CHRISTINA A. AGOLA, PLLC, ROCHESTER (CHRISTINA A. AGOLA OF COUNSEL), FOR PETITIONER-RESPONDENT.

Appeal from a judgment of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered January 15, 2010 in a proceeding pursuant to CPLR article 78. The judgment, among other things, adjudged that petitioner’s application for a judgment to annul respondents’ determination is held and remitted to the parties for additional information.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567; see also CPLR 5501 [a] [1]).

Entered: September 30, 2011 Patricia L. Morgan Clerk of the Court