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MEYER v. COUNTY OF SUFFOLK

2010-04451.

90 A.D.3d 720 (2011)

934 N.Y.S.2d 235

2011 NY Slip Op 9100

DENNIS MEYER, Appellant, v. COUNTY OF SUFFOLK, Respondent.

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

Decided December 13, 2011.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendant's cross motion which was to dismiss the cause of action alleging a violation of civil and constitutional rights pursuant to 42 USC § 1983, and substituting therefor a provision denying that branch of the cross motion; as so modified, the order is affirmed, without costs or disbursements.

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