Opinion
August 2, 1999.
Appeal from the Supreme Court, Suffolk County (Dunn, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court dismissed the complaint on the ground that the plaintiff failed to name necessary parties. We agree that the complaint should be dismissed, but on a different ground. "It is well settled in this State's jurisprudence that a civilian complainant, by merely seeking police assistance or furnishing information to law enforcement authorities who are then free to exercise their own judgment as to whether an arrest should be made and criminal charges filed, will not be held liable for false arrest or malicious prosecution" ( Du Chateau v. Metro-North Commuter R. R. Co., 253 A.D.2d 128, 131; see also, Schiffren v. Kramer, 225 A.D.2d 757; DeFilippo v. County of Nassau, 183 A.D.2d 695).
O'Brien, J. P., Ritter, Joy, Altman and Smith, JJ., concur.