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IN THE MATTER OF DUQUETTE v. TOWN OF PERU TOWN BOARD

18 Misc.3d 174 (2007)

843 N.Y.S.2d 916

In the Matter of ROBERT S. DUQUETTE, Petitioner, v. TOWN OF PERU TOWN BOARD, Respondent.

Supreme Court, Clinton County.

October 29, 2007.

Attorney(s) appearing for the Case

O'Connell & Aronowitz, P.C., Plattsburgh (Donald W. Biggs of counsel), for respondent.

Carl J. Madonna, Plattsburgh (Mark V. Cowen of counsel), for petitioner.

OPINION OF THE COURT

JAMES P. DAWSON, J.

The court is asked to resolve the respondent's motion to dismiss this CPLR article 78 proceeding. A brief recitation of the underlying facts is necessary. On May 8, 2006, the respondent passed a resolution conferring the benefits of Public Officers Law § 18, the statute allowing public entities to indemnify and defend their employees in civil actions, upon the officers...

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