ZACCARO v. PARKER

Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendant's motion to dismiss the complaint for lack of subject matter jurisdiction. Plaintiff and defendant were pilots with the 174th Fighter Wing of the New York Air National Guard. Plaintiff alleged, inter alia, that defendant subjected him to various acts of sexual harassment. Accepting plaintiff's factual allegations as true and according plaintiff the benefit of every possible favorable inference ( see, Leon v. Martinez, 84 N.Y.2d 83, 87-88), we conclude that plaintiff's alleged injuries arose "out of or [were] in the course of activity incident to [military] service" ( Feres v. United States, 340 U.S. 135, 146). This action, sounding in intentional tort, therefore is barred by the intra-military immunity doctrine, which bars actions by one member of the military against another ( see, Stauber v. Cline, 837 F.2d 395, cert denied 488 U.S. 817, reh denied 488 U.S. 975).