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Torts Keyed to Epstein
Firth v. State of New York
Facts
Firth was formerly the Director of the Division of Law Enforcement in the Department of Environmental Conservation. The State Department of Education posted online an executive summary of a report with links to the full text, prepared by the Office of the Inspector General. The report generally criticized the management style and weapon procurement methodology of Firth. After more than a year had passed, Firth filed against the State of New York on the ground of defamation. The court of claims dismissed the suit on the basis of the statute of limitation, denying his argument that since the report was continuously available on the internet, it was a continuing wrong, or acted as a new publication. The court of appeals affirmed the verdict, and Firth went in appeal.
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