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MATTER OF LOCKWOOD v. SUFFOLK COUNTY POLICE DEPARTMENT

42 A.D.3d 538 (2007)

839 N.Y.S.2d 808

In the Matter of SCOTT LOCKWOOD, Appellant-Respondent, v. SUFFOLK COUNTY POLICE DEPARTMENT, Respondent-Appellant.

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

Decided July 24, 2007.

Ordered that the judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The Supreme Court providently exercised its discretion in directing that the "Operating Manual" of the Intoxilyzer Model 5000 alcohol detection machine, manufactured by CMI, Inc., be made available for inspection, but not copying, at the offices of the Suffolk County Police Department at a time mutually convenient to the parties. Under the circumstances...

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