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FOSTER v. SUFFOLK COUNTY POLICE DEPARTMENT

2014-03035, Index No. 4989/09.

137 A.D.3d 855 (2016)

26 N.Y.S.3d 781

2016 NY Slip Op 01639

MAUREEN FOSTER, Individually and as Executrix of SCOTT FOSTER, Deceased, Respondent, v. SUFFOLK COUNTY POLICE DEPARTMENT et al., Appellants, and JOHN LICAUSI, Respondent.

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

Decided March 9, 2016.

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

On May 8, 2008, at approximately 11:43 a.m., Police Officer Michael Bogliole, after receiving a radio dispatch concerning the attempted sale of allegedly stolen landscaping equipment, responded to the corner of Mt. McKinley Avenue and Granny Road in the Village of Farmingville. Based on the information provided, he considered it a "nonpriority call" and traveled to the location without his lights or sirens...

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