Ordered that the order is affirmed, with costs.
On May 11, 2008, members of the Suffolk County Police Department were called to assist emergency medical services personnel at the home of the third-party defendant, Joseph Lepore. When the officers arrived, Lepore was agitated and belligerent, refused to comply with one officer's commands, approached that officer with a raised fist, and backed him into a corner. The officer then discharged Mace into Lepore's face, after...
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