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MATTER OF WEHR v. BROWN

2016-04784. Index No. 19700/15.

169 A.D.3d 807 (2019)

92 N.Y.S.3d 663

2019 NY Slip Op 01081

In the Matter of Everett Wehr, Appellant, v. Dennis M. Brown, as Suffolk County Attorney, et al., Respondents.

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

Decided February 13, 2019.

Ordered that the judgment is affirmed, with costs.

The petitioner/plaintiff (hereinafter the petitioner) is a police officer employed by the County of Suffolk. In June 2015, a fellow police officer commenced an action against the petitioner to recover damages for sexual assault and battery. Shortly after the assault action was commenced, the petitioner requested, pursuant to Code of Suffolk County § 42-3 (A) (former Code of Suffolk County § 35-3 [A]), that...

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