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The lawyer for the family of the late Deputy Sheriff Jeffrey A. Incardona will seek to separate portions of his lawsuits against the City of Lockport and Lockport Police Officer Steven L. Biles.

Incardona was killed July 22, 1993, when his patrol car went out of control and struck a utility pole in Lockport while he responded to a call for help from Biles, who had been shot.

Eric Grossman, the Incardona family's attorney, has filed a motion in State Supreme Court here asking that one part of the suit against the city be separated from the wrongful death suits against the city and Biles.

That motion is scheduled to be heard Tuesday.

In his papers, filed with Justice Jacqueline M. Koshian, Grossman asks that a jury trial be commenced early next year "solely on the issue of the condition of the surface of the road."

It is Grossman's contention that a pothole in the street caused Incardona's vehicle to go out of control and strike the pole.

Grossman also asked that any further action against the city and the suit that seeks $18 million in civil damages from Biles be delayed at least another two years.

Biles was disabled as a result of the gunshot wound that immediately preceded his call for assistance.

An investigation into the incident still is being conducted.

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