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MARSHALL ROSS v. STATE

Appellate Division of the Supreme Court of New York, First Department.
Feb 8, 2007
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Since the Housing Court judge who allegedly changed the date of claimant's trial without notifying claimant in order to grant claimant's landlord a default judgment had subject matter jurisdiction over claimant's landlord/tenant matter, any action taken by that judge in connection with that matter, even if malicious or corrupt, is cloaked with absolute immunity ( see Murray v Brancato, 290 NY 52, 55). So too is the alleged wrongdoing of administrative judges, court officers and clerks in transferring and rescheduling the matter ( see Weiner v State of New York, 273 AD2d 95, 97-98). For the same reason, defendant cannot prevail on his claim administrators committed wrongdoing in not investigating his complaints about the allegedly corrupt judge and in not disciplining him ( see Mantell v New York State Commn. on Jud. Conduct, 181 Misc 2d 1027, 1030-1031, affd 277 AD2d 96, lv denied 96 NY2d 706). We have considered claimant's other arguments and find them without merit.