Appellate Division of the Supreme Court of the State of New York January 14, 2002 (Mohamed v. City of New Rochelle Police Department)

In an action, inter alia, to recover damages for violation of 42 USC § 1983, the defendants appeal from an order of the Supreme Court, Westchester County (Nastasi, J.), entered June 18, 2001, which denied as untimely their motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.