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ROSENSTEIN v. STATE OF NEW YORK

37 A.D.3d 208 (2007)

829 N.Y.S.2d 93

MOSHE ROSENSTEIN, Also Known as Marshall Ross, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided February 8, 2007.

Since the Housing Court judge who allegedly changed the date of claimant's trial without notifying claimant in order to grant claimant's landlord a default judgment had subject matter jurisdiction over claimant's landlord/tenant matter, any action taken by that judge in connection with that matter, even if malicious or corrupt, is cloaked with absolute immunity (see Murray v Brancato, 290 N.Y. 52, 55 [1943]). So too is the...

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