Opinion
September 27, 1988
Appeal from the Supreme Court, Erie County, McGowan, J.
Present — Dillon, P.J., Doerr, Green, Pine and Balio, JJ.
Order unanimously affirmed without costs. Memorandum: Special Term properly granted summary judgment to defendants and dismissed plaintiff's complaint which alleged that defendants published false reports regarding two Federal indictments returned against him. Since defendants have established that each report was substantially accurate (see, Holy Spirit Assn. v New York Times Co., 49 N.Y.2d 63, 67; cf., Dibble v WROC-TV, 142 A.D.2d 966), they are entitled to the statutory privilege in this libel action (Civil Rights Law § 74).