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MATTER OF BIGGER v. COUNTY OF ORANGE

293 A.D.2d 746 (2002)

741 N.Y.S.2d 433

In the Matter of H. FRANK BIGGER, Appellant, v. COUNTY OF ORANGE et al., Respondents.

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

Decided April 29, 2002.

Ordered that the judgment is affirmed, with costs.

Upon a public employee's request that the County defend and indemnify him or her in a civil action or proceeding, the Orange County Executive is vested with the power to determine if the County has such a duty pursuant to Local Law No. 3 (1998) of Orange County § 4 (1), which provides that "the county * * * shall provide for the defense of the employee in any civil action or proceeding * * * arising out of any...

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