ZEMBIEC, THOMAS C. v. COUNTY OF MONROE

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 983 CA 11-00330 PRESENT: SMITH, J.P., CENTRA, CARNI, GREEN, AND MARTOCHE, JJ. IN THE MATTER OF THOMAS C. ZEMBIEC, PETITIONER-RESPONDENT-APPELLANT, V MEMORANDUM AND ORDER COUNTY OF MONROE, MONROE COUNTY SHERIFF’S DEPARTMENT, PATRICK O’FLYNN, SHERIFF, MONROE COUNTY SHERIFF’S DEPARTMENT, IN HIS OFFICIAL AND INDIVIDUAL CAPACITY, AND UNDERSHERIFF GARY CAIOLA, IN HIS OFFICIAL AND INDIVIDUAL CAPACITY, RESPONDENTS-APPELLANTS-RESPONDENTS. (APPEAL NO. 2.) DAVID VAN VARICK, COUNTY ATTORNEY, ROCHESTER (JAMES L.…