Opinion Excerpt

Metcalf v County of Erie 2026 NY Slip Op 06613 November 13, 2026 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This decision is uncorrected and subject to revision before publication in the Official Reports. RICHARD METCALF, SR., AS ADMINISTRATOR OF THE ESTATE OF RICHARD METCALF, JR., DECEASED, PLAINTIFF-RESPONDENT, v COUNTY OF ERIE, ROBERT DEE, MATTHEW CROSS, EDWARD KAWALEK, ROBERT STATES, AND SCOTT EMERLING, DEFENDANTS-APPELLANTS