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D'AMICO v. CITY OF ROCHESTER

79 A.D.2d 1091 (1981)

Peter J. D'Amico, as Parent and Natural Guardian of His Infant Son, Paul D'Amico, et al., Respondents, v. City of Rochester, Defendant, and County of Monroe et al., Appellants

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

January 16, 1981

Order unanimously modified and, as modified, affirmed, without costs.

Memorandum:

The order is modified by dismissing the fourth cause of action as against Sheriff Lombard. It is well established that the Sheriff is not liable for the acts of his deputies in the performance of their criminal duties (see Barr v County of Albany, 50 N.Y.2d 247, 257; Matter of Flaherty v Milliken, 193 N.Y. 564, 569). Special Term...

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