Shaw v City of Rochester, 38 NY3d at 1181 (2022)

2022 NY Slip Op 05197 [38 NY3d 1181]
September 15, 2022
Court of Appeals

[*1]

In the Matter of Sharad Shaw, Appellant,
v
City of Rochester et al., Respondents.

Decided September 15, 2022

Shaw v City of Rochester, 200 AD3d 1551, appeal dismissed.

{**38 NY3d at 1181} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), appeal dismissed, with costs, upon the ground that the two-Justice dissent at the Appellate Division is not on a question of law which would be reviewable by the Court of Appeals (see CPLR 5601 [a]; 5501 [a] [1]). The dissent was predicated on an order denying partial summary judgment that did not necessarily affect the judgment from which the appeal was taken (see Bonczar v American Multi-Cinema, Inc., 38 NY3d 1023 [2022]).

Concur: Acting Chief Judge Cannataro and Judges Rivera, Garcia, Wilson and Singas. Judge Troutman took no part.