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RIVERA v. WESTCHESTER COUNTY

188 Misc.2d 746 (2001)

729 N.Y.S.2d 836

SUGEILY RIVERA, as Administratrix of the Estate of IVAN FIGEROA, JR., Deceased, and as Guardian of SULIET RIVERA, an Infant, Plaintiff, v. COUNTY OF WESTCHESTER et al., Defendants.

Supreme Court, Westchester County.

June 6, 2001.

Attorney(s) appearing for the Case

Charlene M. Indelicato, County Attorney of Westchester County, White Plains (Joseph F. Berrafati of counsel), for defendants.

Kurzman Karelsen & Frank, L. L. P., New York City, and Gardner & Sosinsky, New York City, for plaintiff.

OPINION OF THE COURT

ORAZIO R. BELLANTONI, J.

Defendants County of Westchester, Joseph Stancari, Officer Savino, and Sergeant Rushin move for an order: (1) pursuant to CPLR 3212, granting summary judgment in favor of the County of Westchester dismissing the complaint and all claims asserted under 42 USC § 1983 on the ground that the County did not violate Ivan Figeroa, Jr.'s Fourteenth Amendment due process...

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