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BURGIO v. INCE

1462 CA 09-02198.

79 A.D.3d 1733 (2010)

913 N.Y.S.2d 864

JAMES BURGIO, Appellant, v. BRANDON INCE, as Monroe County Deputy Sheriff, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided December 30, 2010.

It is hereby ordered that the amended judgment and order insofar as appealed from is unanimously reversed on the law without costs, the motion of defendant Monroe County Deputy Sheriff Brandon Ince is denied, and the claim for false arrest against that defendant is reinstated.

Memorandum: Plaintiff, an employee at the Greater Rochester International Airport, was arrested on a charge of petit larceny by Monroe County Deputy...

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