Opinion
April 5, 1985
Appeal from the Supreme Court, Monroe County, DiPasquale, J.
Present — Hancock, Jr., J.P., Callahan, Doerr, Denman and Green, JJ.
Order unanimously reversed, on the law, without costs, and defendants' motion granted. Memorandum: Plaintiff sued the County of Monroe and the Sheriff of Monroe County for false arrest and imprisonment based upon the detention of the plaintiff pursuant to a bench warrant which had been withdrawn prior to plaintiff's arrest. Special Term erred in denying defendants' motion for summary judgment. A county is not liable for the acts of its Sheriff or his deputies ( see, NY Const, art XIII, § 13 [a]; Stalteri v. County of Monroe, 107 A.D.2d 1071; Wilson v. Sponable, 81 A.D.2d 1, appeal dismissed 54 N.Y.2d 834; cf. Barr v. County of Albany, 50 N.Y.2d 247).