WALLS v. TOWN OF ISLIP

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendants established their prima facie entitlement to judgment as a matter of law ( see Alvarez v Prospect Hosp., 68 NY2d 320, 324-325) by establishing, inter alia, that the government officials who made the allegedly defamatory statements were entitled to an absolute privilege against claims of defamation ( see Bisaccia v Funicello, 149 AD2d 645; cf. Baumblatt v Battalia, 134 AD2d 226, 228-229), and that the remedy of declaratory judgment was not available in this case ( cf. Reed v Littleton, 275 NY 150, 157 [1937]; Cooper v Town of Islip, 56 AD3d 511, 512-513). In opposition, the plaintiff failed to raise a triable issue of fact ( see Alvarez v Prospect Hosp., 68 NY2d at 324). Accordingly, the Supreme Court properly granted that branch of the defendants' motion which was for summary judgment dismissing the complaint. [Prior Case History: 2008 NY Slip Op 32211(U).]