PELAYO v. CELLE

ORDERED that the order is affirmed, with costs.

This action was commenced by the plaintiff against a newspaper, its publisher, and a reporter, based on an article which referred to the plaintiff's criminal conviction in Nassau County a number of years ago. The article was substantially accurate, and was a "fair and true" report of a judicial proceeding within the meaning of Civil Rights Law § 74 (see, Holy Spirit Assn. for Unification of World Christianity v. New York Times Co., 49 N.Y.2d 63, 67 ;Glendora v. Gannett Suburban Newspapers, 201 A.D.2d 620 ; Carter v. Visconti, 233 A.D.2d 473, 474 ). The privilege set forth in Civil Rights Law § 74 is absolute, and is not defeated by the plaintiff's allegations of malice or bad faith (see, Glendora v. Gannett Suburban Newspapers, supra).