Rosenberger, J. P., and Williams, J., concur in a memorandum by Rosenberger, J. P., as follows:
Summary judgment should be granted to the defendant. The facts are as set forth in Justice Tom's concurrence. As a prosecutor, the defendant is entitled to absolute immunity for his decision to pursue administrative remedies rather than starting criminal proceedings against one accused of perjury.
The fact that the assault case against the plaintiff was closed did...
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