Opinion Excerpt

Thurston v Howard 2026 NY Slip Op 05703 October 2, 2026 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This decision is uncorrected and subject to revision before publication in the Official Reports. CHRISTOPHER F. THURSTON, PLAINTIFF-RESPONDENT, v TIMOTHY B. HOWARD, IN HIS OFFICIAL CAPACITY AS SHERIFF OF ERIE COUNTY, OFFICE OF ERIE COUNTY SHERIFF, COUNTY OF ERIE, AND DEPUTY KENT, DEFENDANTS-APPELLANTS. Decided on October