TRISVAN v. MONROE

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: When this case was before us on a prior appeal, we determined that defendants, the County of Monroe and its Sheriff, cannot be held liable for the alleged negligence of Sheriffs deputies who were working at the Monroe County Correctional Facility when plaintiffs decedent sustained fatal injuries ( Trisvan v County of Monroe, 26 AD3d 875, lv dismissed 6 NY3d 891). Our determination is "the law of the case and cannot be disturbed on this appeal" ( Scaffold-Russ Dilworth v Shared Mgt. Group, 1 AD3d 951, 952, lv denied 2 NY3d 705; see Young v Tseng, 23 AD3d 552).