Opinion
156 20497/09.
02-09-2016
Mohammad SAIDIN, Plaintiff–Appellant, v. Sam NEGRON, et al., Defendants–Respondents.
Mohammad Saidin, appellant pro se. Zachary W. Carter, Corporation Counsel, New York (Richard Dearing of counsel), for respondents.
Mohammad Saidin, appellant pro se.
Zachary W. Carter, Corporation Counsel, New York (Richard Dearing of counsel), for respondents.
Opinion
Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered October 30, 2013, which, to the extent appealed from as limited by the briefs, granted defendants' motion to dismiss the complaint, unanimously affirmed, without costs.
The complaint failed to state a cause of action against defendant City of New York under 42 U.S.C. § 1983, as plaintiff alleged only a single instance of wrongful conduct by a municipal employee without authority to make decisions regarding official policy (see City of Oklahoma City v. Tuttle, 471 U.S. 808, 821, 105 S.Ct. 2427, 85 L.Ed.2d 791 1985; Simpson v. New York City Tr. Auth., 112 A.D.2d 89, 91, 491 N.Y.S.2d 645 1st Dept.1985, affd. 66 N.Y.2d 1010, 499 N.Y.S.2d 396, 489 N.E.2d 1298 1985 ). The conclusory allegation of wrongful hiring and training, standing alone, cannot support a section 1983 claim (Eckardt v. City of White Plains, 87 A.D.3d 1049, 1052, 930 N.Y.S.2d 22 2d Dept.2011 ).
Plaintiff abandoned his claim against the individual police officer by failing to oppose that part of the motion to dismiss the claim as against him (see Josephson LLC v. Column Fin., Inc., 94 A.D.3d 479, 941 N.Y.S.2d 495 1st Dept.2012 ).
MAZZARELLI, J.P., MOSKOWITZ, RICHTER, GISCHE, JJ., concur.