LOPICCOLO v. COUNTY OF SUFFOLK


271 A.D.2d 414 (2000)

706 N.Y.S.2d 888

CAROL LOPICCOLO, Respondent, v. COUNTY OF SUFFOLK, Appellant.

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

Decided April 3, 2000.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the amended complaint is dismissed.

The plaintiff's challenge to the defendant's refusal to provide her with a defense in a Federal civil rights action must be made in a timely proceeding pursuant to CPLR article 78 (cf., Frontier Ins. Co. v State of New York, 87 N.Y.2d 864, 866-867). This action, commenced 10 months...

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