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Marshall Ross v. State

Appellate Division of the Supreme Court of New York, First Department
Feb 8, 2007
37 A.D.3d 208 (N.Y. App. Div. 2007)

Summary

concluding that alleged wrongdoing of administrative judges, court officers, and clerks in "transferring and rescheduling" landlord/tenant dispute was cloaked with judicial immunity

Summary of this case from Peker v. Steglich

Opinion

No. 163.

February 8, 2007.

Order of the Court of Claims of the State of New York (Alan C. Marin, J.), entered March 15, 2005, which, in a claim for money damages arising out of an erroneous default judgment against claimant in Housing Court, granted defendant's motion to dismiss the claim, unanimously affirmed, without costs.

Moshe Rosenstein, appellant pro se.

Andrew Cuomo, Attorney General, Albany (Michael S. Buskus of counsel), for respondent.

Before: Mazzarelli, J.P., Andrias, Marlow, Buckley and McGuire, JJ.


Since the Housing Court judge who allegedly changed the date of claimant's trial without notifying claimant in order to grant claimant's landlord a default judgment had subject matter jurisdiction over claimant's landlord/tenant matter, any action taken by that judge in connection with that matter, even if malicious or corrupt, is cloaked with absolute immunity ( see Murray v Brancato, 290 NY 52, 55). So too is the alleged wrongdoing of administrative judges, court officers and clerks in transferring and rescheduling the matter ( see Weiner v State of New York, 273 AD2d 95, 97-98). For the same reason, defendant cannot prevail on his claim administrators committed wrongdoing in not investigating his complaints about the allegedly corrupt judge and in not disciplining him ( see Mantell v New York State Commn. on Jud. Conduct, 181 Misc 2d 1027, 1030-1031, affd 277 AD2d 96, lv denied 96 NY2d 706). We have considered claimant's other arguments and find them without merit.


Summaries of

Marshall Ross v. State

Appellate Division of the Supreme Court of New York, First Department
Feb 8, 2007
37 A.D.3d 208 (N.Y. App. Div. 2007)

concluding that alleged wrongdoing of administrative judges, court officers, and clerks in "transferring and rescheduling" landlord/tenant dispute was cloaked with judicial immunity

Summary of this case from Peker v. Steglich

concluding that alleged wrongdoing of administrative judges, court officers, and clerks in "transferring and rescheduling" landlord/tenant dispute was cloaked with judicial immunity

Summary of this case from Bobrowsky v. Yonkers Courthouse
Case details for

Marshall Ross v. State

Case Details

Full title:MOSHE ROSENSTEIN, Also Known as Marshall Ross, Appellant, v. STATE OF NEW…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 8, 2007

Citations

37 A.D.3d 208 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 1170
829 N.Y.S.2d 93

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