DRAKEFORD v. CITY OF NEW YORK

Legal claims against the Kings County District Attorney for tortious conduct are properly lodged against the City of New York ( see Morris v. City of New York, 198 A.D.2d 35, 36). However, this record is devoid of any factual circumstances supporting plaintiff's rambling and conclusory allegations of tortious, extra-judicial conduct. The complaint of malicious prosecution is precluded by the District Attorney's entitlement to absolute immunity from civil claims arising out of the scope of a prosecution ( Hirschfeld v. City of New York, 253 A.D.2d 53, 59, lv denied 93 N.Y.2d 814).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.