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STUBBOLO v. CITY OF NEW YORK

63 A.D.3d 541 (2009)

880 N.Y.S.2d 480

FRANK J. STUBBOLO et al., Respondents-Appellants, v. CITY OF NEW YORK et al., Appellants-Respondents.

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

Decided June 18, 2009.

The motion court erred in denying dismissal of plaintiffs' 42 USC § 1983 claim based on the theory of fabrication of evidence prior to the initiation of the grand jury proceedings and prosecutions against plaintiff Frank J. Stubbolo under indictment Nos. 724/02 and 4133/03. The complaint fails to sufficiently allege such prosecutorial misconduct and, as a result, the claim is barred by absolute prosecutorial immunity (see...

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