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CRISCIONE v. CITY OF NEW YORK

97 N.Y.2d 152 (2001)

762 N.E.2d 342

736 N.Y.S.2d 656

JOSEPH CRISCIONE, Respondent, et al., Plaintiff, v. CITY OF NEW YORK et al., Appellants, et al., Defendant.

Court of Appeals of the State of New York.

Decided December 13, 2001.

Attorney(s) appearing for the Case

Michael D. Hess, Corporation Counsel of New York City (Pamela Seider Dolgow, Stephen J. McGrath and Leonard Koerner of counsel), for appellants.

Sullivan Papain Block McGrath & Cannavo, P. C., New York City (Stephen C. Glasser and Nicholas Papain of counsel), for respondents.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

GRAFFEO, J.

In this appeal we consider whether a police officer who was driving a patrol car in response to a 911 dispatch call to investigate a family dispute was engaged in the "emergency operation" of a vehicle as defined in Vehicle and Traffic Law § 114-b. We hold as a matter of law that the driver was involved in an "emergency operation." Consequently, his actions should not...

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