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In re Washio

Appellate Division of the Supreme Court of New York, First Department
Mar 25, 1997
237 A.D.2d 200 (N.Y. App. Div. 1997)

Opinion

March 25, 1997.

Judgment, Supreme Court, New York County (Fern Fisher-Brandveen, J.), entered December 22, 1995, which, insofar as appealed from, denied petitioner's application pursuant to CPLR article 78 in the nature of mandamus to compel respondents to defend and indemnify petitioner in a civil action, and dismissed the petition, unanimously affirmed, without costs.

Before: Sullivan, J.P., Milonas, Rosenberger and Rubin, JJ.


The court properly determined that a rational basis existed to deny legal representation and indemnification to petitioner. The findings of the Police Department's assistant deputy commissioner for trials in the disciplinary proceeding arising out of the incident in question indicated that petitioner was not acting within the scope of his employment when he first encountered the complaining motorist (see, Matter of Williams v City of New York, 64 NY2d 800). Petitioner's provocative and abusive behavior, arising out of a purely personal dispute, cannot be characterized as a natural and foreseeable aspect of his work duties ( see, Blood v Board of Educ., 121 AD2d 128, 130).


Summaries of

In re Washio

Appellate Division of the Supreme Court of New York, First Department
Mar 25, 1997
237 A.D.2d 200 (N.Y. App. Div. 1997)
Case details for

In re Washio

Case Details

Full title:In the Matter of GARY WASHIO, Appellant, v. CITY OF NEW YORK et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 25, 1997

Citations

237 A.D.2d 200 (N.Y. App. Div. 1997)
654 N.Y.S.2d 773