Powhida v. City of Albany
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mahoney, P. J.
Respondent City of Albany (hereinafter respondent)* Police Officer Patrick Fox, in his capacity as a part-time employee of a realtor, entered petitioner’s home on April 3, 1987 without petitioner’s permission for the purpose of conducting a termite inspection. Fox, who was on duty at the time, used a key *238supplied by the realtor. Petitioner’s son, awakened by Fox’s entry, recognized him as a police officer. Petitioner went to lodge a complaint about Fox’s conduct but Officer Patsy Deso refused to take a statement from petitioner concerning the invasion of her…
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