County of Nassau v. Bassen

OPINION OF THE COURT

Daniel Palmieri, J.

*634The motion by the defendant (pro se) to dismiss, treated as one for summary judgment (CPLR 3212), is granted, and the complaint is dismissed. The cross motion by the plaintiff for summary judgment (sequence No. 2) is denied. Although denominated as a motion to dismiss, defendant’s motion has been addressed by the parties as a motion for summary judgment. Moreover, since plaintiff County has cross-moved for summary judgment, the court may grant such relief to defendant considered as a nonmoving party (CPLR 3212 [b]).

This is an action pursuant to Nassau…