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MATTER OF ABBATOY v. BAXTER

31 CA 23-01016.

2024 NY Slip Op 02393

IN THE MATTER OF DAVID M. ABBATOY, JR., ESQ., Petitioner-Appellant, v. TODD K. BAXTER, MONROE COUNTY SHERIFF, ANDREW BEYEA, MONROE COUNTY SHERIFF'S DEPUTY, DAVID BOLTON, MONROE COUNTY SHERIFF'S INVESTIGATOR, JEFFREY BRANAGAN, MONROE COUNTY SHERIFF'S INVESTIGATOR, DEBORAH FEEHAN, MONROE COUNTY SHERIFF'S INVESTIGATOR, KRISTY KATHER, MONROE COUNTY SHERIFF'S DEPUTY, LEAH LAROCQUE, MONROE COUNTY SHERIFF'S INVESTIGATOR, GREGORY PROKOP, MONROE COUNTY SHERIFF'S DEPUTY, MICHAEL SHANNON, MONROE COUNTY SHERIFF'S INVESTIGATOR, SCOTT WALSH, MONROE COUNTY SHERIFF'S SERGEANT, Respondents-Respondents, AND MONROE COUNTY POLICE BENEVOLENT ASSOCIATION, INC., Intervenor-Respondent.

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

Decided May 3, 2024.

Attorney(s) appearing for the Case

EASTON THOMPSON KASPEREK SHIFFRIN, LLP, ROCHESTER ( DAVID M. ABBATOY, JR. , OF COUNSEL), FOR PETITIONER-APPELLANT.

JOHN P. BRINGEWATT , COUNTY ATTORNEY, ROCHESTER ( ADAM M. CLARK OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.

BLITMAN & KING LLP, ROCHESTER ( NOLAN J. LAFLER OF COUNSEL), FOR INTERVENOR-RESPONDENT.

PRESENT: SMITH, J.P., BANNISTER, NOWAK, DELCONTE, AND KEANE, JJ.

Appeal from a judgment of the Supreme Court, Monroe County (Daniel J. Doyle, J.), entered November 29, 2022, in a proceeding pursuant to CPLR article 78. The judgment dismissed the amended petition.

It is hereby ORDERED that the judgment so appealed from is unanimously reversed on the law without costs, the amended petition is reinstated, the amended petition is granted, and the determination is annulled.

Memorandum: Petitioner commenced this CPLR article...

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