Opinion
(1362) CA 01-00887.
November 9, 2001.
(Appeal from Order of Supreme Court, Onondaga County, Roy, J. — Dismiss Pleading.)
PRESENT: GREEN, J.P., HAYES, SCUDDER, KEHOE AND BURNS, JJ.
Order unanimously affirmed without costs.
Memorandum:
Supreme Court properly denied defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action. Plaintiff has asserted a valid negligence cause of action premised upon the alleged failure of the Camillus Town Court Clerk to retire an outstanding warrant against plaintiff after the underlying charge had been resolved ( see, Glowinski v. Braun, 105 A.D.2d 1153, appeal dismissed 65 N.Y.2d 637). "A public officer may be subject to liability for a wrongful act if that act is deemed ministerial rather than discretionary or quasijudicial in nature" and the Town Court Clerk's failure to retire a warrant "must be considered ministerial" ( Glowinski v. Braun, supra, at 1153).