Majority
p. 1407Krystalo Hetelekides, Individually and as Executrix of Demetrios Hetelekides, Also Known as Jimmy Hetelekides, Deceased, Respondent, v County of Ontario et al., Appellants. [893 NYS2d 798]
—Appeal from an order of the Supreme Court, Ontario County (John J. Ark, J.), entered November 18, 2008. The order, among other things, denied defendants’ motion to dismiss the complaint.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Fahey, Lindley and Green, JJ.