Ordered that the order is affirmed insofar as appealed from, with costs.
On December 22, 2008, at approximately 12:30 P.M., the defendant Richard M. Colucci, a New York City Police Department Detective, was driving eastbound in the right lane on the Belt Parkway in Queens County in the course of his employment. At that time, the decedent, Michael D. Mitchell, was attempting to enter the parkway on an entrance ramp. At his deposition,
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