Opinion
7485 Index 303573/14
10-30-2018
Sheriff ALABI–AJIDAGBA Also Known as Sheriff Alabiajudagba, Plaintiff–Appellant, v. The CITY OF NEW YORK, et al., Defendants–Respondents.
Law Firm of Duane C. Felton, Staten Island (Duane C. Felton of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Daniel Matza–Brown of counsel), for respondents.
Law Firm of Duane C. Felton, Staten Island (Duane C. Felton of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Daniel Matza–Brown of counsel), for respondents.
Sweeny, J.P., Mazzarelli, Kahn, Oing, Singh, JJ.
Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered on or about June 27, 2017, which granted defendants' motion to modify a prior order, same court (Larry S. Schachner, J.), entered on or about May 19, 2016, and clarified that the prior order granted defendants summary judgment disposing of the action in its entirety, unanimously affirmed, without costs.
In this action alleging negligent police investigation and damages arising therefrom due to plaintiff's interim incarceration, such claim was properly dismissed, as no such claim is recognized in New York (see Medina v. City of New York, 102 A.D.3d 101, 108, 953 N.Y.S.2d 43 [1st Dept. 2012] ; Hines v. City of New York, 142 A.D.3d 586, 37 N.Y.S.3d 136 [2d Dept. 2016] ). Plaintiff, who filed the note of issue in this case, has not pointed to evidence that might raise a triable issue as to whether the qualified immunity of defendant police officer for his discretionary acts in connection with plaintiff's arrest and processing was compromised by any actions inconsistent with acceptable police practice (see Lubecki v. City of New York, 304 A.D.2d 224, 233–234, 758 N.Y.S.2d 610 [1st Dept. 2003], lv denied 2 N.Y.3d 701, 778 N.Y.S.2d 459, 810 N.E.2d 912 [2004] ).
The record reflects that defendants' two motions placed plaintiff on notice of the dispositive relief sought as to all claims. Thus, his due process claims are unavailing.