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MONTESANO v. STATE

11 A.D.3d 436 (2004)

782 N.Y.S.2d 362

LOUIS MONTESANO, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 106604.)

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

October 4, 2004.

Ordered that the order is affirmed, with costs.

The alleged libelous statements contained in a decision of the New York City Civil Court were written by the Judge in the exercise of her judicial functions. These statements are absolutely privileged, even if such statements are alleged to be false, irrelevant, or malicious (see Misek-Falkoff v Donovan, 250 A.D.2d 579 [1998]; Colin v County of Suffolk,

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