LEVY v. STATE OF NEW YORK

Order affirmed, with costs. The Special Prosecutor, and thus the State, was entitled to absolute immunity from a libel action based on an affirmation submitted in the course of a judicial proceeding ( Imbler v Pachtman, 424 U.S. 409, 421-423; see Toker v Pollak, 44 N.Y.2d 211, 220).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.