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MATTER OF SAMUELS v. VACCO

251 A.D.2d 10 (1998)

674 N.Y.S.2d 11

In the Matter of David G. Samuels, Appellant, v. Dennis C. Vacco, as Attorney-General of The State of New York, Respondent

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

June 2, 1998

Since the complaint in the section 1983 action against petitioner does not allege that petitioner was not executing respondent's policy or otherwise acting outside the scope of his public employment, there was never any possibility that petitioner would be held liable for unreimbursable damages, either compensatory or punitive (cf., Kentucky v Graham, 473 U.S. 159, 165-167). Nor do petitioner's allegations concerning respondent...

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