Legal Opinion

Clarke v. Cleveland

Appellate Division of the Supreme Court of the State of New York

Decided July 17, 2008PublishedCited by 4 opinions

1Opinion of the Court

Malone Jr.,

J. Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Warren County) to review a determination of respondent which terminated petitioner’s employment as a deputy sheriff.

Petitioner had joined other officers in the pursuit of a vehicle that was speeding through the Village of Lake George, Warren County, at a rate of approximately 100 miles per hour when the brakes on his police vehicle failed, causing the vehicle to strike a stone retaining wall. As the pursuit continued up to the top of a hilly dead-end road, petitioner…

2Cases cited9 opinions

  1. Kelly v. SafirNew York Court of Appeals · 2001
  2. Goldsmith v. DeBuonoAppellate Division of the Supreme Court of the State of New York · 1997
  3. Ernst v. Saratoga CountyAppellate Division of the Supreme Court of the State of New York · 1998
  4. McKinney v. BennettAppellate Division of the Supreme Court of the State of New York · 2006
  5. Wilburn v. McMahonAppellate Division of the Supreme Court of the State of New York · 2002

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3Cited by4 opinions

  1. Longton v. Village of CorinthAppellate Division of the Supreme Court of the State of New York · 2008
  2. Perryman v. Village of Saranac LakeAppellate Division of the Supreme Court of the State of New York · 2009
  3. Sindoni v. County of TiogaAppellate Division of the Supreme Court of the State of New York · 2009
  4. Covert v. Schuyler CountyAppellate Division of the Supreme Court of the State of New York · 2010

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