Killen v. Property Clerk Division Police Department

OPINION OF THE COURT

Herbert Kramer, J.

An examination of the papers submitted on this motion discloses the following chronology:

A summons and complaint were served. The defendants answered; the District Attorney appeared pro se and the police department was represented by Rosemary Carroll, variously titled “Special Assistant Corporation Counsel” and “Assistant Commissioner for Civil Matters of the Police Department.”

Thereafter, plaintiff moved for summary judgment. Notwithstanding the absence of opposition thereto, the motion was denied by order of Judge Fuchs. The parties then entered into a…