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MATTER OF LANCASTER v. INCORPORATED VIL. OF FREEPORT

2010-09082.

92 A.D.3d 885 (2012)

939 N.Y.S.2d 122

2012 NY Slip Op 1465

In the Matter of VILMA LANCASTER et al., Appellants, v. INCORPORATED VILLAGE OF FREEPORT et al., Respondents. (Proceeding No. 1.) In the Matter of WILLIAM F. GLACKEN et al., Appellants, v. INCORPORATED VILLAGE OF FREEPORT et al., Respondents. (Proceeding No. 2.)

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

Decided February 21, 2012.

Ordered that the judgment is affirmed, with one bill of costs.

"[A] municipal employer's statutory duty to defend pursuant to Public Officers Law § 18 is analogous to an insurance company's contractual duty to defend an insured" (Matter of Dreyer v City of Saratoga Springs, 43 A.D.3d 586, 588 [2007]; cf. Matter of Garcia v Abrams, 98 A.D.2d 871 [1983]; Matter of New York...

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