Delosh v. City of Syracuse

—Order denying motion of county for summary judgment unanimously reversed, without costs, motion granted and complaint dismissed as to county, and otherwise order affirmed. Memorandum: The plaintiffs’ complaint alleges negligence, malfeasance and nonfeasance, by those officials who supervised the incarceration of decedent at the Onondaga County jail. By law these custodians are members of the Sheriff’s department (Correction Law, § 500-c), and the County of Onondaga cannot be held responsible for their negligence (NY Const, art XIII, § 13, subd [a]; Perry v Custodi, 52 AD2d 1063; Isereau v…