Opinion
896
April 30, 2002.
Order, Supreme Court, New York County (Marilyn Shafer, J.), entered on or about December 20, 2000, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Cabrian J. Sheehan, plaintiff-appellant, pro se.
Jason R. Leventhal, for defendant-respondent.
Before: Williams, P.J., Tom, Mazzarelli, Andrias, Friedman, JJ.
Defendant was specifically ordered by the court to perform an assessment and evaluation of supervised visitation between plaintiff and his daughter, and prepare a report of her findings. This being the case, the report submitted by defendant to the court was absolutely privileged and thus may not be utilized as a predicate for liability in a defamation action (see, Missick v. Big V Supermarkets, Inc., 115 A.D.2d 808, appeal dismissed 67 N.Y.2d 938). Accordingly, plaintiff's defamation action, premised upon statements made in defendant's supervised visitation report, was properly dismissed.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.