Opinion
Argued November 23, 1999
January 18, 2000
In an action, inter alia, to recover damages for psychiatric malpractice, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (McCabe, J.), entered November 18, 1998, as, upon reargument, adhered to a determination in a prior order of the same court (Driscoll, J.), entered September 16, 1998, which, inter alia, granted the defendant's motion for summary judgment dismissing the complaint.
George Hom, Westbury, N.Y., appellant pro se.
Kopff, Nardelli Dopf LLP, New York, N.Y. (Martin B. Adams and Peter C. Kopff of counsel), for respondent.
CORNELIUS J. O'BRIEN, J.P., SONDRA MILLER, LEO F. McGINITY and NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The defendant demonstrated his entitlement to summary judgment dismissing the complaint. The defendant has judicial immunity from suit regarding the work he performed as a court-appointed forensic pyschiatric expert in connection with the plaintiff's child custody litigation (see, Braverman v. Halpern, 259 A.D.2d 306 ;Finkelstein v. Bodek, 131 A.D.2d 337 ; Schanbarger v. Kellogg, 35 A.D.2d 902, cert denied 405 U.S. 919; Deed v. Condrell, 150 Misc.2d 279, affd, 177 A.D.2d 1055; Carpenter v. City of Rochester, 67 Misc.2d 832, affd, 39 A.D.2d 1015). Even absent such immunity, the plaintiff's claims are wholly without merit.
O'BRIEN, J.P., S. MILLER, McGINITY, and SMITH, JJ., concur.