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HOM v. REUBINS

Appellate Division of the Supreme Court of New York, Second Department.
Jan 18, 2000
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DECISION ORDER

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

The defendant demonstrated his entitlement to summary judgment dismissing the complaint. The defendant has judicial immunity from suit regarding the work he performed as a court-appointed forensic pyschiatric expert in connection with the plaintiff's child custody litigation (see, Braverman v. Halpern, 259 A.D.2d 306 ;Finkelstein v. Bodek, 131 A.D.2d 337 ; Schanbarger v. Kellogg, 35 A.D.2d 902, cert denied 405 U.S. 919 ; Deed v. Condrell, 150 Misc.2d 279, affd, 177 A.D.2d 1055 ; Carpenter v. City of Rochester, 67 Misc.2d 832, affd, 39 A.D.2d 1015 ). Even absent such immunity, the plaintiff's claims are wholly without merit.

O'BRIEN, J.P., S. MILLER, McGINITY, and SMITH, JJ., concur.