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BARONE v. COUNTY OF SUFFOLK

2010-10331.

85 A.D.3d 836 (2011)

925 N.Y.S.2d 614

2011 NY Slip Op 5213

CHERYLE BARONE, Respondent, v. COUNTY OF SUFFOLK, Appellant, et al., Defendants.

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

Decided June 14, 2011.

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

Contrary to the contention of the defendant County of Suffolk, the Supreme Court properly denied that branch of its motion which was for summary judgment dismissing the complaint insofar as asserted against it. The County failed to establish, prima facie, that it was entitled to judgment as a matter of law on the basis of qualified immunity (see Bresciani v County of Dutchess, N.Y.,

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