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MATTER OF CERRETA v. COUNTY OF SUFFOLK

2020-04136. Index No. 622430/19.

208 A.D.3d 661 (2022)

171 N.Y.S.3d 904

2022 NY Slip Op 04964

In the Matter of Dana Cerreta, Respondent, v. County of Suffolk et al., Appellants.

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

Decided August 17, 2022.

Attorney(s) appearing for the Case

Dennis M. Cohen , County Attorney, Hauppauge, NY ( Jacob S. Kutnicki of counsel), for appellants.

Silberstein Awad & Miklos, P.C., Garden City, NY ( Justin Meserole , Erin Spielman , and Jeffrey Bloomfield of counsel), for respondent.

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

Ordered that the order is affirmed insofar as appealed from, with costs.

On September 17, 2018, the petitioner allegedly was injured when her vehicle was struck in the rear by an unmarked police vehicle operated by Lawrence Leak, an officer with the Suffolk County Police Department (hereinafter the SCPD). On November 12, 2019, the petitioner filed an order to show cause, an affirmation of counsel, and a verified proposed notice of claim with the Suffolk County Clerk...

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