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MATTER OF RILEY v. POKLEMBA

190 A.D.2d 47 (1993)

In the Matter of Joseph Riley, as Town Supervisor of The Town of Clifton Park, et al., Appellants, v. John J. Poklemba, as Commissioner of The New York State Division of Criminal Justice Services, et al., Respondents

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

April 22, 1993

Attorney(s) appearing for the Case

Karen M. Gazda, Clifton Park, for appellants.

Robert Abrams, Attorney-General, Albany (Siobhan S. Crary and Wayne L. Benjamin of counsel), for respondents.

WEISS, P. J., YESAWICH JR., MAHONEY and CASEY, JJ., concur.

HARVEY, J.

Petitioner Town of Clifton Park was formerly a second class town (see, Town Law § 10). The Town does not employ a municipal police force and has heretofore relied upon the Saratoga County Sheriff's Department and the State Police for its police protection. Nevertheless, since approximately 1927, the Town has employed at least one Town Constable. Petitioner Donald Berthiaume was appointed...

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