Opinion
December 29, 1997
Appeal from the Supreme Court, Westchester County (Roberto, J.).
Ordered that the order is affirmed, with costs.
Judges and those who perform similar functions, such as Hearing Examiners, "`"are not liable to civil actions for their judicial acts, even when such acts are in excess of their jurisdiction, and are alleged to have been done maliciously and corruptly"'" ( Colin v. County of Suffolk, 181 A.D.2d 653, 654; quoting Stump v. Sparkman, 435 U.S. 349, 356). However, although a Judge will not be deprived of immunity because the action he or she took was in excess of authority, he or she will be subject to liability when action was taken in the "clear absence of all jurisdiction" (Stump v. Sparkman, supra, at 357). In the present case, the plaintiff has failed to proffer evidence demonstrating that the defendant performed any acts in the clear absence of all jurisdiction.
Bracken, J. P., Pizzuto, Altman, Krausman and Lerner, JJ., concur.