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BARKAN v. ROSLYN UNION FREE

2006-11222.

67 A.D.3d 61 (2009)

886 N.Y.S.2d 420

2009 NY Slip Op 06541

In the Matter of MICHAEL F. BARKAN, Respondent-Appellant, v. ROSLYN UNION FREE SCHOOL DISTRICT et al., Appellants-Respondents.

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

Decided September 15, 2009.

Attorney(s) appearing for the Case

Ingerman Smith, LLP, Mount Kisco (John H. Gross, Lawrence W. Reich, Donna M. Haugen and Edward H. McCarthy of counsel), for appellants-respondents.

Rosenberg & Fortuna, LLP, Garden City (David I. Rosenberg and Arthur S. Laitman of counsel), for respondent-appellant.

MASTRO, J.P., DILLON and ENG, JJ., concur.

OPINION OF THE COURT

SKELOS, J.

The principal issue on this appeal is whether a board of education that has in sum and substance adopted Public Officers Law § 18 is obligated to provide a defense and indemnification to one of its employees against whom the school district, on behalf of the board of education, has commenced a civil action. We hold that if the board of education or the school district, on its behalf, commences a civil action against one...

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