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IN THE MATTER OF CLARKE v. CLEVELAND

503699.

2008 NY Slip Op 06332

IN THE MATTER OF JEFFREY R. CLARKE, Petitioner, v. LARRY J. CLEVELAND, as Sheriff of Warren County, Respondent.

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

Decided and Entered: July 17, 2008.

Attorney(s) appearing for the Case

Robert M. Cohen, Ballston Lake, for petitioner.

Bartlett, Pontiff, Stewart & Rhodes, P.C., Glens Falls (Eileen M. Haynes of counsel), for respondent.

Before: Spain, J.P., Lahtinen, Kane, Malone Jr. and Stein, JJ.

MEMORANDUM AND JUDGMENT

MALONE, Jr., J.

Petitioner had joined other officers in the pursuit of a vehicle that was speeding through the Village of Lake George, Warren County, at a rate of approximately 100 miles per hour when the brakes on his police vehicle failed, causing the vehicle to strike a stone retaining wall. As the pursuit continued up to the top of a hilly dead-end road, petitioner realized that his vehicle was damaged and was unable to ascend...

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