CLINCH v. TOWN OF HYDE PARK


173 Misc.2d 497 (1997)

661 N.Y.S.2d 786

Michael Clinch, Plaintiff, v. Town of Hyde Park, Defendant.

Supreme Court, Dutchess County.

July 7, 1997


Attorney(s) appearing for the Case

Thomas D. Mahar, Jr., Poughkeepsie, for defendant. Hankin, Hanig, Stall, Caplicki, Redl & Curtin, L. L. P., Poughkeepsie, for plaintiff.


RALPH A. BEISNER, J.

At issue in this action is whether the plaintiff, as Chief of Police of the Town of Hyde Park Police Department, must turn over to the Supervisor of the Town of Hyde Park (hereinafter the Town) the tapes of incoming and outgoing public phone calls for a specific time period.

On January 2, 1997, the Town Board passed a resolution in closed executive session to require the Town Police...

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