Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: In 1987, plaintiff was sued in an underlying action arising out of his employment by defendant County of Erie (County). When the County declined to defend and to indemnify plaintiff in the underlying action (see, Public Officers Law § 18), plaintiff retained private counsel to represent him in the underlying action and in a CPLR article 78...
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