Puckett v. County of Erie (262 A.D.2d 966, 1999)

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the same Memorandum as in Puckett v County of Erie ([appeal No. 1] 262 AD2d 964 [decided herewith]). (Appeals from Order of Supreme Court, Erie County, Flaherty, J. — Summary Judgment.) Present — Lawton, J. P., Wisner, Hurlbutt, Callahan and Balio, JJ.