SIRLIN v. TOWN OF NEW CASTLE


35 A.D.3d 713 (2006)

826 N.Y.S.2d 676

PHILIP J. SIRLIN, Respondent, v. TOWN OF NEW CASTLE et al., Appellants.

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

Decided December 19, 2006.


Ordered that order is affirmed insofar as appealed from, with costs.

The plaintiff was arrested and charged with harassment in the second degree on the complaint of his neighbor that he had shouted threats and obscenities at the neighbor. After a nonjury trial in the Justice Court, the charges were dismissed on the ground that the single incident alleged did not constitute harassment in the second degree (see People v Sirlin, 2003 NY Slip Op 51444[U] [2003...

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