Opinion

Brown v. County of Westchester

Court
District Court, S.D. New York
Filed
Feb 8, 2023
Cited by
0 cases

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

BIANCA BROWN,

Plaintiff,

ORDER

-against-

22-CV-06146 (PMH)

THE COUNTY OF WESTCHESTER, ET AL.,

Defendants.

PHILIP M. HALPERN, United States District Judge:

The Court held a pre-motion conference on Defendants’ anticipated motion to dismiss on

February 8, 2023. Plaintiff represented in her October 31, 2022 pre-motion conference letter that

she “consents to withdraw her eleventh cause of action under the NY State Constitution.” (Doc.

47 at 5). Accordingly, the Court dismisses with prejudice Plaintiff’s eleventh claim for relief for

violation of Art. 1, Sec. 11 of the New York State Constitution. Further, the Court dismisses with

prejudice the Westchester County Office of the District Attorney as a defendant in this action. The

Westchester County Office of the District Attorney “does not have a legal existence separate from

the District Attorney” and therefore “is not an entity that can be sued.” Lewis v. Hoovler, No. 21-

CV-2438, 2021 WL 1299491, at *3 (S.D.N.Y. Apr. 5, 2021).

The Clerk of Court is respectfully directed to terminate the Westchester County Office of

the District Attorney as a defendant in this action.

SO ORDERED.

Dated: White Plains, New York

February 8, 2023

PHILIP M. HALPERN

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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