MATTER OF CLARKE v. CLEVELAND


53 A.D.3d 894 (2008)

861 N.Y.S.2d 519

In the Matter of JEFFERY R. CLARKE, Petitioner, v. LARRY J. CLEVELAND, as Sheriff of Warren County, Respondent.

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

Decided July 17, 2008.


Malone Jr., J.

Petitioner had joined other officers in the pursuit of a vehicle that was speeding through the Village of Lake George, Warren County, at a rate of approximately 100 miles per hour when the brakes on his police vehicle failed, causing the vehicle to strike a stone retaining wall. As the pursuit continued up to the top of a hilly dead-end road, petitioner realized that his vehicle was damaged and was unable to ascend the hill so he parked his vehicle...

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