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REKEMEYER v. CERONE

252 A.D.2d 22 (1999)

685 N.Y.S.2d 855

Cynthia Rekemeyer, Individually and as Administrator of The Estate of Justin L. Rekemeyer, Deceased, Respondent, v. Michael Cerone, as Town of Colonie Patrolman, et al., Defendants, and Joseph Fitzsimmons, as Town of Colonie Sergeant, et al., Appellants

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

February 18, 1999

Attorney(s) appearing for the Case

Cusick, Hacker & Murphy, L. L. P., Latham (Roger J. Cusick of counsel), for appellants.

Lewis B. Oliver, Jr., Albany (Lorraine Lewandrowski of counsel), for respondent.

MERCURE, J. P., PETERS, SPAIN and CARPINELLO, JJ., concur.

CREW III, J.

Plaintiff's son (hereinafter decedent) was killed in a motorcycle accident that occurred on Vly Road in the Town of Colonie, Albany County, at approximately 1:54 A.M. on June 10, 1994. The record reflects that the Albany County Coroner was dispatched to the scene of the accident at approximately 4:21 A.M. and that plaintiff was notified of decedent's death at approximately 4:30 A.M. by defendant...

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