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SZERLIP v. FINNEGAN

56 A.D.2d 626 (1977)

Lothair H. Szerlip, Appellant, v. Gerald A. Finnegan, Individually and as Town Justice of The Town of Blooming Grove, et al., Defendants, and Town of Blooming Grove, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 22, 1977

Order affirmed, without costs or disbursements.

Neither a police officer nor his employer is subject to a claim of malicious prosecution, false arrest or false imprisonment for executing a certificate of commitment which appears valid on its face. Neither a town nor its employees may be held liable for carrying out an erroneous judicial mandate where the court had jurisdiction over the party and the subject matter involved (cf. Szerlip v Finnegan,

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