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ABATE v. COUNTY OF ERIE

852 CA 17-00162.

152 A.D.3d 177 (2017)

2017 NY Slip Op 05351

54 N.Y.S.3d 821

JACQUELINE ABATE, Individually and as Administratrix of the Estate of DONALD ABATE, Deceased, Respondent, v. COUNTY OF ERIE et al., Appellants, et al., Defendant.

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

Decided June 30, 2017.

Attorney(s) appearing for the Case

Michael A. Siragusa , County Attorney, Buffalo ( Anthony B. Targia of counsel), for defendants-appellants.

Fitzgerald & Roller, P.C., Buffalo ( Derek J. Roller of counsel), for plaintiff-respondent.

SMITH, J.P., CENTRA, PERADOTTO and LINDLEY, JJ., concur.

OPINION OF THE COURT

We hold that County Law § 308 (4) poses no obstacle to the court-ordered discovery of 911 records in a civil lawsuit.

Facts

An unusually intense winter storm stranded plaintiff's decedent inside his vehicle during the early morning hours of November 18, 2014, in the Town of Alden...

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