FORTUNE v. STATE POLICE DIV.


293 A.D.2d 154 (2002)

742 N.Y.S.2d 161

In the Matter of ROGER A. FORTUNE et al., Appellants, v. STATE OF NEW YORK, DIVISION OF STATE POLICE, et al., Respondents.

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

May 9, 2002.


Attorney(s) appearing for the Case

Gleason, Dunn, Walsh & O'Shea, Albany (Mark T. Walsh of counsel), for appellants.

Eliot Spitzer, Attorney General, Albany (Robert M. Goldfarb of counsel), for respondents.

CARDONA, P.J., CREW III, CARPINELLO and ROSE, JJ., concur.


OPINION OF THE COURT

SPAIN, J.

On August 21, 1996 petitioners, State Troopers assigned to a station in Nassau County, were working an early morning tour of duty together in a marked police vehicle. At about 3:00 A.M., they responded to a report that someone was firing a gun in the parking lot of a nearby nightclub. Several people at the scene reported to them that the shooter and another person had entered a late model white Chevrolet Tahoe. When petitioners...

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