MAGUIRE, JAMES v. TOWN OF CHEEKTOWAGA

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 10-02008 PRESENT: SMITH, J.P., FAHEY, PERADOTTO, LINDLEY, AND MARTOCHE, JJ.

JAMES MAGUIRE, PLAINTIFF-RESPONDENT, V ORDER TOWN OF CHEEKTOWAGA, DEFENDANT-APPELLANT.

CHELUS, HERDZIK, SPEYER & MONTE, P.C., BUFFALO (ARTHUR A. HERDZIK OF COUNSEL), FOR DEFENDANT-APPELLANT.

BOUVIER PARTNERSHIP, LLP, BUFFALO (NORMAN E.S. GREENE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an amended order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered August 4, 2010. The amended order, insofar as appealed from, granted the cross motion of plaintiff for leave to serve an amended complaint asserting a cause of action pursuant to 42 USC § 1983 and adding John/Jane Doe as a defendant.

It is hereby ORDERED that the amended order so appealed from is unanimously affirmed without costs.

Entered: April 1, 2011 Patricia L. Morgan Clerk of the Court