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Fuchs v Town of Cairo 2009 NY Slip Op 31127(U) May 18, 2009 Supreme Court, Columbia County Docket Number: 08-1021 Judge: Joseph C. Teresi Republished from New York State Unified Court System's E-Courts Service. Search E-Courts (http://www.nycourts.gov/ecourts) for any additional information on this case. This opinion is uncorrected and not selected for official publication.

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SUPREME COURT STATE OF NEW YORK FRANCIS FUCHS, Plaintiff,

COUNTY OF GREENE

DECISION and ORDER INDEX NO. 08-1021 RJI NO. 19-08-3807 -againstTOWN OF CAIRO; GREENE COUNTY, NEW YORK; FRANK ALGOZZINE, in his current or former position as DIRECTOR OF REAL PROPERTY TAX SERVICES, and in his Individual Capacity; JOSEPH CALCA VEECHIA, Individually and in his current or former capacity as Supervisor of the TOWN OF CAIRO, and GARY APREA, Individually and in his capacity currently or formerly as Town Council Member of the Town of Cairo, Defendants.

Supreme Court Albany County All Purpose Term, May 1, 2009 Assigned to Justice Joseph C. Teresi

APPEARANCES: Galvin and Morgan Attorneys for Plaintiff Stephen H. Orr, Esq. 217 Delaware Avenue Delmar, New York 12054 Shantz & Belkin Attorneys for Defendant Town of Cairo Frederick F. Shanz, Esq. 26 Century Hill Drive, Suite 202 Latham, New York 12110 TERESI, J.:

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Defendant, Town of Cairo ("Town") moves for summary judgment pursuant to CPLR 3212 and seeks the dismissal of the complaint alleging the action is not timely and fails to state a cause of action. The plaintiff opposes the motion. The plaintiff, as the former Town of Cairo Assessor, commenced this action for malicious prosecution by the defendants after his criminal convictions on two counts of official misconduct were overturned by the Greene County Court (Lalor, J.) on October 27,2006. The court denied

the District Attorneys motion to reargue the prior decision of the Court pursuant to criminal Procedure Law

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