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MATTER OF WYSOCKI v. TOWN OF SOUTHOLD

2018-12272. Index No. 4749/17.

204 A.D.3d 811 (2022)

164 N.Y.S.3d 505

2022 NY Slip Op 02420

In the Matter of Joseph Wysocki, Petitioner, v. Town of Southold et al., Respondents.

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

Decided April 13, 2022.

Attorney(s) appearing for the Case

Davis & Ferber, LLP, Islandia, NY (Christopher S. Rothemich and Alex J. Kaminski of counsel), for petitioner.

Lamb & Barnosky, LLP, Melville, NY (Richard K. Zuckerman and Matthew J. Mehnert of counsel), for respondents.

Iannacci, J.P., Chambers, Wooten and Dowling, JJ., concur.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

The petitioner worked as a police officer in the respondent Town of Southold Police Department. On November 3, 2010, while on duty, the petitioner was injured when his police vehicle collided with a deer. The petitioner was not medically cleared to return to full duty. On December 30, 2016, the respondent Martin Flatley, the chief of police...

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