Opinion
April 26, 1991
Appeal from the Court of Claims, NeMoyer, J.
Present — Denman, J.P., Green, Balio and Davis, JJ.
Judgment unanimously affirmed without costs. Memorandum: The Court of Claims properly dismissed claimant's cause of action for malicious prosecution. Claimant failed to establish that the criminal proceeding was terminated in his favor. The evidence supports the court's finding that the criminal charges against claimant were dismissed pursuant to a plea bargain (see, Zebrowski v. Bobinski, 278 N.Y. 332). The evidence also supports the court's findings that claimant was arrested based upon probable cause and that the criminal proceeding was not instituted with actual malice. There is no merit to claimant's other contentions.