Opinion
2012-01-10
Rudolph LODICHAND, et al., appellants, v. Lottie Rae KOGUT, et al., defendants, Dorothy A. Phillips, etc., respondent.
Stephen K. Lee, Long Beach, N.Y., for appellants. *554 Eric T. Schneiderman, Attorney General, New York, N.Y. (Michael S. Belohlavek and Ann P. Zybert of counsel), for respondent.
Stephen K. Lee, Long Beach, N.Y., for appellants. *554 Eric T. Schneiderman, Attorney General, New York, N.Y. (Michael S. Belohlavek and Ann P. Zybert of counsel), for respondent.
In an action, inter alia, to recover damages for abuse of process and malicious prosecution, the plaintiffs appeal from so much of an order of the Supreme Court, Nassau County (DeStefano, J.), dated January 3, 2011, as granted that branch of the motion of the defendant Dorothy A. Phillips, individually and as court attorney referee, which was pursuant to CPLR 3211(a)(7) to dismiss the complaint insofar as asserted against her.
ORDERED that the order is affirmed insofar as appealed from, with costs.
Contrary to the plaintiffs' contentions, the Supreme Court properly granted that branch of the motion of the defendant Dorothy A. Phillips, individually and as court attorney referee, which was pursuant to CPLR 3211(a)(7) to dismiss the complaint insofar as asserted against her. Since the factual allegations of the complaint against Phillips merely asserted conduct by her in her official capacity as a court attorney referee, which is immune from suit under the doctrine of judicial immunity ( see Mosher–Simons v. County of Allegany, 99 N.Y.2d 214, 219, 753 N.Y.S.2d 444, 783 N.E.2d 509; Tarter v. State of New York, 68 N.Y.2d 511, 517–518, 510 N.Y.S.2d 528, 503 N.E.2d 84; Alvarez v. Snyder, 264 A.D.2d 27, 34, 702 N.Y.S.2d 5, cert. denied sub nom. Diaz v. Snyder, 531 U.S. 1158, 121 S.Ct. 1110, 148 L.Ed.2d 980; Misek–Falkoff v. Donovan, 250 A.D.2d 579, 671 N.Y.S.2d 986; Colin v. County of Suffolk, 181 A.D.2d 653, 654, 580 N.Y.S.2d 460; Lombardoni v. Boccaccio, 121 A.D.2d 828, 829, 504 N.Y.S.2d 260), the allegations failed to state a cause of action against her ( see Young v. Campbell, 87 A.D.3d 692, 693–694, 929 N.Y.S.2d 249, lv. denied ––– N.Y.3d ––––, 2011 N.Y. Slip Op. 92179, 2011 WL 6155561 [2011]; Davey v. State of New York, 31 A.D.3d 600, 817 N.Y.S.2d 918; Alex–Mitchell: El v. State of New York, 2 A.D.3d 549, 551–552, 768 N.Y.S.2d 384; Sassower v. Finnerty, 96 A.D.2d 585, 586–587, 465 N.Y.S.2d 543).
The plaintiffs' remaining contentions are without merit.