Triebwasser v. State

OPINION OF THE COURT

Henry W. Lengyel, J.

In May, 1982 I dismissed several causes of action set forth in Claim No. 64310 and also indicated that the claimant in Claim No. 64311 did not have a viable cause of action for false arrest. I wrote: “It is my opinion, and I find, that the reasoning and conclusions of law set forth in Hollender v Trump Village Cooperative, Inc., 84 AD2d 574 (App Div 2d Dept.), and in Fair v City of Rochester, 84 AD2d 908, in reference to the effect of an ACOD under CPL § 170.55 fully apply to an ACOD obtained under CPL § 170.56. See, CPL §§ 170.55 and 170.56, and…