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MATTER OF LANCASTER v. INCORPORATED VILLAGE OF FREEPORT

No. 181.

22 N.Y.3d 30 (2013)

1 N.E.3d 302

978 N.Y.S.2d 101

2013 NY Slip Op 7652

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.)

Court of Appeals of New York.

Decided November 19, 2013.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains ( Robert A. Spolzino , Peter A. Meisels and Kathleen A. Daly of counsel), for appellants.

Jaspan Schlesinger, LLP, Garden City ( Stanley A. Camhi , Jessica M. Baquet and Daniel E. Shapiro of counsel), for respondents.

OPINION OF THE COURT

Chief Judge LIPPMAN.

We hold that a municipality, consistent with its obligations under Public Officers Law § 18, may withdraw its defense and indemnification of current and former municipal officials and officers in a civil action for their failure to accept a reasonable settlement offer, and that First Amendment concerns with respect to the settlement's nondisclosure clause do not...

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