Carter v. County of Erie

Appeal from an order of the *1179Supreme Court, Erie County (Frank A. Sedita, Jr., J), entered August 14, 2002. The order denied plaintiffs motion, granted defendants’ motion and cross motion and dismissed the CPLR article 78 petition and complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the motion and cross motion in part and reinstating the complaint on condition that plaintiff appear for an examination before trial within 40 days of service of a copy of the order of this Court with notice of entry and as modified…