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SIMMEN v. STATE

55 N.Y.2d 924 (1982)

Michele A. Simmen, Appellant, v. State of New York, Respondent. (Claim No. 59476.) Robert G. Simmen, Appellant, v. State of New York, Respondent. (Claim No. 59477.)

Court of Appeals of the State of New York.

Decided February 11, 1982.

Attorney(s) appearing for the Case

Salvador J. Capecelatro, Jr., and Frank A. Cissi for appellants.

Robert Abrams, Attorney-General (Henderson G. Riggs, Shirley Adelson Siegel, Jeremiah Jochnowitz and John K. Powers of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division dismissing the claims should be affirmed, with costs.

On the basis of our review of the record (NY Const, art VI, § 3, subd a; CPLR 5501, subd [b]), we conclude that the weight of the credible evidence supports the determination of the Appellate Division that the conduct of the police officer while in pursuit of another vehicle was not unreasonable under the circumstances...

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