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MATTER OF SALINO v. CIMINO

1 N.Y.3d 166 (2003)

802 N.E.2d 1100

770 N.Y.S.2d 702

In the Matter of GARY SALINO, Respondent, v. ROBERT J. CIMINO, as County Attorney of the County of Suffolk, et al., Appellants.

Court of Appeals of the State of New York.

Decided December 18, 2003.

Attorney(s) appearing for the Case

Robert J. Cimino, County Attorney, Hauppauge (Theodore D. Sklar of counsel), for appellants.

O'Brien & O'Brien, LLP, Nesconset (Stephen L. O'Brien and Daniel P. O'Brien of counsel), for respondent.

Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

Chief Judge KAYE.

Suffolk County Code § 35-3 (A) obligates the County to provide a defense to its employees in any civil action "arising out of any alleged act or omission which occurred or is alleged in the complaint to have occurred while the employee was acting, or in good faith purporting to act, within the scope of his public employment or duties or which is brought to enforce...

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