Hetelekides v County of Ontario
2010 NY Slip Op 01209 [70 AD3d 1407]
February 11, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 31, 2010


Krystalo Hetelekides, Individually and as Executrix of Demetrios Hetelekides, Also Known as Jimmy Hetelekides, Deceased, Respondent, v County of Ontario et al., Appellants.

—[*1] Jason S. DiPonzio, P.C., Rochester (Jason S. DiPonzio of counsel), for defendants-appellants.

Leclair Korona Giordano Cole LLP, Rochester (Mary Jo S. Korona of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Ontario County (John J. Ark, J.), entered November 18, 2008. The order, among other things, denied defendants' motion to dismiss the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Fahey, Lindley and Green, JJ.