Appellate Division of the Supreme Court of the State of New York December 30, 2002 (Pelino v. Town of Cheektowaga)

—Appeal and cross appeal from certain parts of an order of Supreme Court, Erie County (Mahoney, J.), entered January 4, 2002, which granted that part of defendant’s motion seeking to dismiss the first cause of action and denied that part of defendant’s motion seeking to dismiss the second cause of action.