Determining if a police officer acted within the scope of his or her employment for the purposed of the employer providing for defense and indemnification

Determining if a police officer acted within the scope of his or her employment for the purposed of the employer providing for defense and indemnification Lemma v Nassau County Police Officer Indem. Bd., 2018 NY Slip Op 04382, Court of AppealsGeneral Municipal Law §50-1 provides for defense and indemnification of Nassau County police officers, requiring indemnification for civil "damages, including punitive or exemplary damages, arising out of a negligent act or other tort of such police officer committed while in the proper discharge of [the officer's] duties and within the scope of [the officer's] employment." In this CPLR Article 78 proceeding, the issue is whether the Nassau County Police Officer Indemnification Board's determination revoking a prior defense and indemnification determination in favor of a Nassau County police officer, [Petitioner] was irrational. To answer that question, the Appellate Division said that it must determine the…

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