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MATTER OF RAY v. COUNTY OF SUFFOLK

2019-04285. Index No. 6116/17.

204 A.D.3d 807 (2022)

164 N.Y.S.3d 513

2022 NY Slip Op 02417

In the Matter of John Ray, Appellant, v. County of Suffolk et al., Respondents.

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

Decided April 13, 2022.

Attorney(s) appearing for the Case

John Ray, Miller Place, NY, appellant pro se.

Mark A. Cuthbertson , Huntington, NY ( Matthew DeLuca of counsel), for respondents County of Suffolk and Steve Bellone.

Anton J. Borovina , Melville, NY, for respondent John M. Kennedy.

O'Brien & O'Brien, LLP, Nesconset, NY ( Stephen L. O'Brien of counsel), for respondents Robert Biancavilla, Christopher McPartland, John Scott Prudenti, Edward Heilig, and Emily Constant.

Brathwaite Nelson, J.P., Iannacci, Wooten and Zayas, JJ., concur.

Ordered that the order and judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

As the respondents County of Suffolk and Steve Bellone correctly note, the petitioner's sole argument on appeal was not advanced before the Supreme Court in opposition to the respondents' separate motions to dismiss the petition. Since this argument does not present a pure question of law appearing on the face of the record that...

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