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MOORE v. CAPONERA

99 Misc.2d 953 (1979)

Violet Moore, Plaintiff, v. Philip Caponera, Individually and as Justice of the Colonie Town Court, et al., Defendants.

Supreme Court, Special Term, Albany County.

April 10, 1979

Attorney(s) appearing for the Case

Donohue, Bohl, Clayton & Komar, P. C., for Philip Caponera, defendant. Hubert D. Miles for John J. McNulty and another, defendants. Hesson, Ford, Sherwood & Whalen for St. Peter's Hospital, defendant. Maynard, O'Connor & Smith for Albany Medical Center Hospital, defendant. Adams, King & Yanthis, P. C., for plaintiff.

ROGER J. MINER, J.

Contending that he is immune from liability to plaintiff, defendant Philip Caponera moves for dismissal of the complaint pursuant to CPLR 3211.

Upon an information sworn to by Richard Enright on April 8, 1977, plaintiff was charged with petit larceny arising out of the theft of three dresses from the Korvettes store at the Northway Mall, Town of Colonie. Pursuant to an appearance ticket, plaintiff appeared before movant, Town...

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