
    John M. Holmes, Respondent, v Michael A. Fiore et al., Appellants, and Wyatt T. Holmes, Respondent.
    [24 NYS3d 562]
   — Appeal from an order and judgment (one paper) of the Supreme Court, Oneida County (Bernadette T. Clark, J.), entered December 22, 2014. The order and judgment, among other things, denied the motion of defendants Michael A. Fiore and City of Utica seeking summary judgment dismissing the second amended complaint.

It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Present — Whalen, P.J., Peradotto, Carni, Lindley and DeJoseph, JJ.  