Opinion
3448.
Decided April 22, 2004.
Order, Supreme Court, New York County (Michael Stallman, J.), entered on or about June 5, 2002, which denied plaintiff's motion for summary judgment and, upon a search of the record, granted summary judgment to defendant dismissing the complaint, unanimously affirmed, without costs.
Quintin X. Drakeford, appellant pro se.
Michael A. Cardozo, Corporation Counsel, New York (Janet L. Zaleon of counsel), for respondent.
Before: Tom, J.P., Saxe, Ellerin, Lerner, JJ.
Legal claims against the Kings County District Attorney for tortious conduct are properly lodged against the City of New York ( see Morris v. City of New York, 198 A.D.2d 35, 36). However, this record is devoid of any factual circumstances supporting plaintiff's rambling and conclusory allegations of tortious, extra-judicial conduct. The complaint of malicious prosecution is precluded by the District Attorney's entitlement to absolute immunity from civil claims arising out of the scope of a prosecution ( Hirschfeld v. City of New York, 253 A.D.2d 53, 59, lv denied 93 N.Y.2d 814).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.