Opinion
June 7, 1991
Appeal from the Supreme Court, Livingston County, Cicoria, J.
Present — Doerr, J.P., Green, Pine, Balio and Lawton, JJ.
Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying the County's motion to dismiss plaintiff's cause of action for malicious prosecution. The County is immune from liability for the acts of an Assistant District Attorney who, as here, has acted solely in a quasi-judicial capacity (see, Imbler v Pachtman, 424 U.S. 409; Rosen Bardunias v County of Westchester, 158 A.D.2d 679; Cunningham v State of New York, 71 A.D.2d 181; Brenner v County of Rockland, 67 A.D.2d 901, lv denied 47 N.Y.2d 705).