Opinion
September 28, 1998
Appeal from the Supreme Court, Rockland County (Bergerman, J.).
Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed on the merits
According to chapter 45 of the Laws of Rockland County, which governs the defense and indemnification of municipal employees who have been jointly sued with the County, it is the function of the County Attorney to decide whether a conflict of interest exists such that an employee is entitled to independent representation to be paid for out of County funds. Thereafter, the County Executive is authorized to choose the employee's "private counsel" (Laws of Rockland County § 45-2 [B] [2]; see, e.g., Corning v. Village of Laurel Hollow, 48 N.Y.2d 348; see also, Mothersell v. City of Syracuse, 952 F. Supp. 112; 1993 Opns Atty Gen No. 93-23, at 1036; 1992 Opns Atty Gen No. 92 12, at 1031; 1987 Opns Atty Gen No. 87-28, at 82). In this case, it cannot be said that the County Attorney acted improperly in denying the petitioner's request to be allowed to name his own attorney to be paid at the County's expense.
O'Brien., J.P., Sullivan, Joy and Friedmann, JJ., concur.