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MAGNUS v. ANPATIELLOS

Appellate Division of the Supreme Court of New York, Second Department.
May 26, 1987
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Ordered that the order is affirmed, with costs.

The plaintiffs' complaint alleged that statements made by the defendant Zouzia to the Civilian Complaint Review Board of the New York City Police Department, claiming that the plaintiff police officers used excessive force in the arrest of the defendants Vanni and Anpatiellos, were defamatory.

The plaintiffs' complaint was properly dismissed with respect to the defendant Zouzia. Because proceedings before the Civilian Complaint Review Board, established by New York City Charter ยง 440, are quasi-judicial in nature, the statements in Zouzia's complaint made to it are absolutely privileged (see, e.g., Toker v. Pollak, 44 N.Y.2d 211; Matter of Campo v. Rega, 79 A.D.2d 626, lv denied 52 N.Y.2d 705; Hanzimanolis v. City of New York, 88 Misc.2d 681; Hale v. Messineo, Sup Ct, Kings County, Dec. 13, 1985, Ramirez, J.; Dalia v. Elder, NYLJ, Oct. 1, 1976, at 4, col 5). Weinstein, J.P., Eiber, Spatt and Sullivan, JJ., concur.