Appellate Division of the Supreme Court of the State of New York November 13, 2015 (Fox v. City of Utica)

*1230Appeal from an order of the Supreme Court, Oneida County (Patrick P. MacRae, J.), entered September 22, 2014. The order, among other things, denied defendant’s motion to dismiss plaintiff’s claim.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, defendant’s motion is granted and the claim is dismissed.