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COKER v. CITY OF NEW YORK DEPARTMENT OF PROBATION

51 A.D.3d 442 (2008)

857 N.Y.S.2d 543

SHOWOLE COKER, Respondent, v. CITY OF NEW YORK DEPARTMENT OF PROBATION et al., Appellants.

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

Decided May 6, 2008.

As an initial matter, the court's conversion of respondents' motion to dismiss into a motion for summary judgment was proper. In response to the court's invitation to submit affidavits or any other material it chose, respondents neither sought to offer evidence nor objected to the conversion, but simply stated their position, without disputing any factual issues (see Matter of Nassau BOCES Cent. Council of Teachers v Board of...

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