Opinion
November 13, 1998
Appeal from Order of Supreme Court, Wayne County, Sirkin, J. — Summary Judgment.
Present — Denman, P. J., Hayes, Pigott, Jr., and Fallon, JJ.
Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted the motion of defendants Alan Graham and County of Wayne for summary judgment dismissing the complaint against them. Those defendants established their entitlement to summary judgment on the malicious prosecution cause of action by submitting a judicial determination of probable cause in a criminal prosecution ( see, Brown v. Roland, 215 A.D.2d 1000, 1001, lv dismissed 87 N.Y.2d 861). A presumption of probable cause "can be overcome only upon a showing of fraud, perjury or the withholding of evidence" ( Brown v. Roland, supra, at 1001; see, Gisondi v. Town of Harrison, 120 A.D.2d 48, 53, affd 72 N.Y.2d 280). Plaintiff made no such showing ( see, Butler v. Ratner, 210 A.D.2d 691, 693-694, lv dismissed 85 N.Y.2d 924). The court also properly dismissed the cause of action for false arrest against those defendants. With respect to the arrest pursuant to a warrant, plaintiff failed to establish that Graham misled the issuing court or supplied false information to support the issuance of the warrant ( see, Conkey v. State of New York, 74 A.D.2d 998, 999, lv denied 50 N.Y.2d 803). With respect to the warrantless arrests, Graham was entitled to rely on information provided by identified citizens ( see, Williams v. City of New York, 208 A.D.2d 919, lv denied 85 N.Y.2d 804). We have considered the remaining contentions of plaintiff and conclude that they are without merit.