Albert R. Walls, appellant, v. Town of Islip, et al., respondents. (2010)

Argued-January 19, 2010

DECISION & ORDER

In an action, inter alia, to recover damages for defamation and for a judgment declaring that the plaintiff's home has never been used as a multi-family dwelling, the plaintiff appeals from so much of an order of the Supreme Court, Suffolk County (Molia, J.), dated July 7, 2008, as granted that branch of the defendants' motion which was for summary judgment dismissing the complaint.

ORDERED that the order is affirmed insofar as appealed from, with costs.

The defendants established their prima facie entitlement to judgment as a matter of law (see Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324-325) by establishing, inter alia, that the government officials who made the allegedly defamatory statements were entitled to an absolute privilege against claims of defamation (see Bisaccia v. Funicello, 149 A.D.2d 645;  cf.  Baumblatt v. Battalia, 134 A.D.2d 226, 228-229), and that the remedy of declaratory judgment was not available in this case (cf.  Reed v. Littleton, 275 N.Y. 150, 157;  Cooper v. Town of Islip, 56 AD3d 511, 512-513).   In opposition, the plaintiff failed to raise a triable issue of fact (see Alvarez v. Prospect Hosp., 68 N.Y.2d at 324).   Accordingly, the Supreme Court properly granted that branch of the defendants' motion which was for summary judgment dismissing the complaint.

SKELOS, J.P., COVELLO, BALKIN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court