Farrell v. Kiernan

—In an action for a permanent injunction, the defendants appeal from an order of the Supreme Court, Nassau County (Kutner, J.), entered November 10, 1993, which sua sponte, and without notice to the parties, converted the plaintiff’s motion for a preliminary injunction to one for summary judgment and granted summary judgment to the plaintiff.

Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings consistent herewith.

The plaintiff, an employee of the County of Nassau, contends that…