Vacatur of the motion court's prior order was properly denied in light of plaintiff's failure to demonstrate any ground warranting that relief (see, CPLR 5015), and, in any event, the prior order was correct on the merits. Contrary to plaintiff's contentions, complaints to the Departmental Disciplinary Committee (DDC) may not be used as grounds for claims of malicious prosecution (see, Capoccia v Couch,
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FOWLER v. LEAHEY & JOHNSON P. C.
272 A.D.2d 240 (2000)
708 N.Y.S.2d 623
GEORGE H. FOWLER, Appellant, v. LEAHEY & JOHNSON, P. C., et al., Respondents.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided May 25, 2000.
Decided May 25, 2000.
Appellate Division of the Supreme Court of the State of New York, First Department.
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