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BOYLE v. KELLEY

53 A.D.2d 457 (1976)

John Boyle, Individually and as Administrator of The Estate of Donald J. Boyle, Deceased, Respondent, v. Eugene R. Kelley, as Police Commissioner of Suffolk County, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 12, 1976

Attorney(s) appearing for the Case

Howard E. Pachman, County Attorney (Henry G. Wenzel, III, of counsel), for appellant.

Benedict P. Vuturo for respondent.

LATHAM, Acting P. J., MARGETT, DAMIANI and RABIN, JJ., concur.

SHAPIRO, J.

In an action to recover moneys allegedly wrongfully retained by the defendant Police Commissioner, the appeal is by the defendant from an order of the Supreme Court, Suffolk County, which struck the answer of the defendant, denied the defendant's cross motion to dismiss the complaint and granted the plaintiff judgment in the sum of $14,960.35, with interest. We affirm.

THE QUESTION

Is a claim for moneys retained by the Suffolk...

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