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JOSEPH v. CITY OF BUFFALO

167 A.D.2d 830 (1990)

Susan Joseph, as Parent and Natural Guardian of Randie Joseph, II, Respondent-Appellant, v. City of Buffalo, Appellant-Respondent, and Randie Joseph, Respondent-Appellant

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

November 16, 1990

Order affirmed without costs.

Memorandum:

In affirming Supreme Court we note that the dissenters stretch to reach a result which was not requested before Special Term or on appeal.

Denman and Balio, JJ. (dissenting).

We respectfully dissent, in part.

Defendant Randie Joseph, a Buffalo police officer, returned to his home shortly after 8:00 A.M. on December 10, 1976, following completion of...

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