UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK ............................ 

NORMAN SMALLWOOD, Ilm DATE #: FILED: -# 

Plaintiff, 

STIPULATION AND 

-against- ORDER OF 

SETTLEMENT AND 

THE CITY OF NEW YORK, P.O. DAVID WENZEL, and DISMISSAL 

P.0.s JOHN and JANE DOE # 1 - 10, individually and in 

their official capacities, (the names John and Jane Doe 07-CV-57 1 1 (JGK) being fictitious, as the true names are presently unknown), 

Defendants. 

WHEREAS, plaintiff commenced this action by filing a complaint on or about 

June 15, 2007, alleging violations of his federal and state rights; and 

WHEREAS, defendants have denied any and all liability arising out of plaintiffs 

allegations; and 

WHEREAS, the parties now desire to resolve the remaining issues raised in this 

litigation, without further proceedings and without admitting any fault or liability; 

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by 

and between the undersigned, as follows: 

1. The above-referenced action is hereby dismissed, with prejudice, and 

without costs, expenses, or fees in excess of the amount specified in paragraph "2" below. 

2. Defendant City of New York hereby agrees to pay plaintiff Norman 

Smallwood, Seven Thousand Five Hundred Dollars ($7,500.00) in full satisfaction of all claims, 

including claims for costs, expenses and attorney fees. In consideration for the payment of this 

sum, plaintiff agrees to dismissal of all the claims against defendants, and to release defendants 

Case 1:07-cv-05711-JGK Document 10 Filed 03/24/2008 Page 1 of 3
David ~enzel' and City of New York and any present or former employees or agents of the City 

of New York or any agency thereof, from any and all liability, claims, or rights of action arising 

from and contained in the complaint in this action, including claims for costs, expenses and 

attorney fees. 

3. Plaintiff shall execute and deliver to the defendants' attorney all 

documents necessary to effect this settlement, including, without limitation, General Releases 

based on the terms of paragraph "2" above and an Affidavit of No Liens. 

4. Nothing contained herein shall be deemed to be an admission by any of 

the defendants that they have in any manner or way violated plaintiffs rights, or the rights of any 

other person or entity, as defined in the constitutions, statutes, ordinances, rules or regulations of 

the United States, the State of New York, or the City of New York or any other rules, regulations 

or bylaws of any department or subdivision of the City of New York. This stipulation shall not 

be admissible in, nor is it related to, any other litigation or settlement negotiations. 

5. Nothing contained herein shall be deemed to constitute a policy or practice 

of the City of New York of the New York City Police Department. 

- 

' Being sued herein as "P.O. DAVID WENZEL." 

Case 1:07-cv-05711-JGK Document 10 Filed 03/24/2008 Page 2 of 3
6. This Stipulation and Order contains all the terms and conditions agreed 

upon by the parties hereto, and no oral agreement entered into at any time nor any written 

agreement entered into prior to the execution of this Stipulation and Order regarding the subject 

matter of the instant proceeding shall be deemed to exist, or to bind the parties hereto, or to vary 

the terms and conditions contained herein. 

Dated: New York, New York 

March&, 2008 

ROSE M. WEBER LAW OFFICE 

Attorney for plaintiff 

225 Broadway, Suite 1601 

New York, NY 10007 

(212) 748-3355 

By: ~QU-W* 

Rose M. Weber (RW OS \i) 

&[& 

U.S.D.J. 

MICHAEL A. CARDOZO 

Corporation Counsel of the 

City of New York 

Attorney for Defendants 

100 Church Street, 3- 193 

New York, New York 10007 

(212) 788-1816 

By: .' 

$AB@I&L H~RVIS (GH2772) 

~&antkdporation Counsel 

Case 1:07-cv-05711-JGK Document 10 Filed 03/24/2008 Page 3 of 3