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TREVOR BROWN, appellant-respondent, v. NASSAU COUNTY, ET AL., respondents, DEBRA NELSON, respondent-appellant, ET AL., defendant.

DECISION ORDER

ORDERED that the orders are affirmed, with one bill of costs to the defendants Nassau County and Kyle Rose payable by the plaintiff.

Contrary to the plaintiff's assertions, he failed to proffer any admissible evidence of unconstitutional policies in Nassau County necessitating an injunction against the municipality (see R.A.C. Group v. Board of Educ., 295 A.D.2d 489; Mann v. Alvarez, 242 A.D.2d 318).

The defendant Debra Nelson's contention that she cannot be held liable for malicious prosecution and false arrest as a civilian complainant is without merit as there are triable issues of fact as to whether she intentionally provided false evidence to the police resulting in the plaintiff's arrest and prosecution (see Brown v. Sears Roebuck Co., 297 A.D.2d 205; Warner v. Druckier, 266 A.D.2d 2; Du Chateau v. Metro-North Commuter R.R. Co., 253 A.D.2d 128).

The parties' remaining contentions are without merit.

S. MILLER, J.P., KRAUSMAN, LUCIANO and MASTRO, JJ., concur.

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BROWN v. NASSAU COUNTY
(Jun 9, 2003)