Fair v. City of Rochester

Order unanimously affirmed, without costs. Memorandum: Plaintiff was ar*909rested by an officer of the Rochester Police Department and charged with disorderly conduct and resisting arrest. At trial, pursuant to discussions between the parties, plaintiff moved for, and was granted, an adjournment in contemplation of dismissal (CPL 170.55). Subsequently, plaintiff commenced this action against defendants alleging, among other things, malicious prosecution and violation of his civil rights resulting from malicious prosecution (US Code, tit 42, § 1983). Defendants’ motion for partial summary judgment…