Case Information
*1 SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department 352
CA 15-01150
PRESENT: SMITH, J.P., DEJOSEPH, NEMOYER, TROUTMAN, AND SCUDDER, JJ. NICHOLAS L. VASSENELLI, PLAINTIFF-APPELLANT,
V
MEMORANDUM AND ORDER CITY OF SYRACUSE, STEPHANIE A. MINER, IN HER
INDIVIDUAL AND OFFICIAL CAPACITY AS MAYOR OF CITY
OF SYRACUSE, FRANK L. FOWLER, IN HIS INDIVIDUAL
AND OFFICIAL CAPACITY AS CHIEF OF POLICE FOR CITY
OF SYRACUSE, JUDY CULETON, IN HER INDIVIDUAL
CAPACITY AS FORMER DIRECTOR OF HUMAN RESOURCES
DIVISION OF SYRACUSE POLICE DEPARTMENT, MATTHEW
DRISCOLL, IN HIS INDIVIDUAL CAPACITY AS FORMER
MAYOR OF CITY OF SYRACUSE, GARY MIGUEL, IN HIS
INDIVIDUAL CAPACITY AS FORMER CHIEF OF POLICE FOR
CITY OF SYRACUSE, SERGEANT RICHARD PERRIN, IN HIS
INDIVIDUAL AND OFFICIAL CAPACITY, DAVID BARRETTE,
IN HIS INDIVIDUAL AND OFFICIAL CAPACITY AS A DEPUTY CHIEF OF CITY OF SYRACUSE POLICE DEPARTMENT,
SERGEANT MICHAEL MOUREY, IN HIS INDIVIDUAL AND
OFFICIAL CAPACITY AS THE EMPLOYEE IN CHARGE OF THE MEDICAL SECTION OF CITY OF SYRACUSE POLICE
DEPARTMENT, DEFENDANTS-RESPONDENTS,
ET AL., DEFENDANTS.
(APPEAL NO. 2.)
BOSMAN LAW FIRM, LLC, CANASTOTA (A.J. BOSMAN OF COUNSEL), FOR PLAINTIFF-APPELLANT.
COUGHLIN & GERHART, LLP, BINGHAMTON (MARY LOUISE CONROW OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
Appeal from an order of the Supreme Court, Onondaga County (Hugh A. Gilbert, J.), entered March 4, 2015. The order granted the motion of defendants-respondents to dismiss the amended complaint against them.
It is hereby ORDERED that the order so appealed from is unanimously modified on the law by denying the motion in part and reinstating the 1st through 4th and 8th through 12th causes of action against defendant City of Syracuse and the individual City of Syracuse defendants, and as modified the order is affirmed without costs.
Same memorandum as in Vassenelli v City of Syracuse ([appeal No.
-2- 352
CA 15-01150 1] ___ AD3d ___ [Apr. 29, 2016]).
Entered: April 29, 2016 Frances E. Cafarell
Clerk of the Court