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LINDO v. CITY OF NEW YORK

272 A.D.2d 90 (2000)

708 N.Y.S.2d 288

VERNON LINDO, Appellant, v. CITY OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 4, 2000.

The proposed claim for malicious prosecution, which alleges that the underlying criminal prosecution against petitioner was dismissed pursuant to CPL 30.30, is patently without merit (see, Witcher v Children's Tel. Workshop, 187 A.D.2d 292; cf., Hankins v Great Atl. & Pac. Tea Co., 208 A.D.2d 111, 115-116). Thus, permission to serve the claim...

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