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GONZALEZ v. CITY OF NEW YORK

167 Misc.2d 577 (1996)

638 N.Y.S.2d 286

Pedro Gonzalez, Plaintiff, v. City of New York et al., Defendants. George Airday, as City Marshal No. 7, Third-Party Plaintiff, v. G & A Towing, Inc., Also Known as G.A.P. Auto Repair, Inc., Third-Party Defendant.

Supreme Court, New York County.

February 6, 1996

Attorney(s) appearing for the Case

Paul A. Crotty, Corporation Counsel of New York City (Phyllis Saxe of counsel), for City of New York and another, defendants. Patti E. Evans for George Airday, defendant and third-party plaintiff. Leahey & Johnson (Robert E. Fein of counsel), for G & A Towing, Inc., third-party defendant. George David Rosenbaum (Lisa Stack of counsel), for plaintiff.

LOUIS B. YORK, J.

This decision addresses an issue which apparently is one of first impression: whether New York City marshals are peace officers within the meaning of the CPL. As explained below, because New York City has not sought State certification for the Marshals, the Marshals are not peace officers. Therefore, the court grants the motion of defendants the City of New York (the City) and the New York...

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