Weitman v. City of New York

—Order, Supreme Court, New York County (Salvador Collazo, J.), entered on or about February 18, 1994, which, insofar as appealed from, granted defendant City of New York’s cross motion to be relieved as counsel for defendant-appellant, unanimously affirmed, without costs.

The question of whether an employee of the City of New York is entitled to representation under General Municipal Law § 50-k depends on whether the employee was acting within the scope of his or her public employment and is to be decided in the first instance by the Corporation Counsel, whose determination "may be set aside…