WOLFANGER v. TOWN OF WEST SPARTA


245 A.D.2d 1071 (1997)

666 N.Y.S.2d 77

Ralph Wolfanger, Appellant, v. Town of West Sparta et al., Respondents

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

December 31, 1997


Order unanimously affirmed without costs.

Memorandum:

Plaintiff alleges that he was maliciously prosecuted for a building code violation by defendant code enforcement officer. Supreme Court properly granted defendants' motion for summary judgment dismissing the complaint on the ground of immunity. The code enforcement officer cited plaintiff within the scope of the discretionary authority vested in him by defendant Town of West Sparta, thus rendering both...

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