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MARLENE BYRD, Appellant, v. MICHELLE A. MIDDLETON-BOND, Respondent.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff failed to rebut the defendant's prima facie showing that she did not instigate the plaintiff's arrest, but merely supplied information to the police officers who determined that arrest was appropriate. Accordingly, summary judgment dismissing the complaint was properly granted ( see, Vernes v. Phillips, 266 N.Y. 298; Cobb v. Willis, 208 A.D.2d 1155; Carrington v. City of New York, 201 A.D.2d 525; Eisenkraft v. Armstrong, 172 A.D.2d 484; Davern v. Drew, 153 App. Div. 844, affd sub nom. Davern v. Breen, 214 N.Y. 681).

The plaintiff's remaining contentions are without merit.

Mangano, P.J., Copertino, Joy and Florio, JJ., concur.

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BYRD v. MIDDLETON-BOND
(Aug 24, 1998)