|Brady v State of New York, Inc.|
|2012 NY Slip Op 51560(U)|
|Decided on June 28, 2012|
|Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.|
|This opinion is uncorrected and will not be published in the printed Official Reports.|
Kevin Patrick Brady, Claimant,
The State of New York, Inc., COUNTY OF MONROE, INC., VILLAGE OF EAST ROCHESTER, INC., and other john doe, defendants, Defendants.
KEVIN PATRICK BRADY, PRO SE
HON. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL
Richard E. Sise, J.
1."Notice of Claim/Affidavit of Service" of Kevin Patrick Brady, pro se;
2.Affirmation in Opposition of Thomas G. Ramsay, AAG;
3.Letter brief captioned "Re: Affirmation in Opposition by Assistant Attorney General Thomas G Ramsay" of Kevin Patrick Brady, pro se; and
4."Notice of Continuing Defaults" of Kevin Patrick Brady, pro se.
Filed papers: None
The actions of judicial officers in carrying out their judicial function are entitled to absolute immunity from liability (Salzano v Town of Poughkeepsie, 300 AD2d 716 ; Bardascini v Reedy, 51 AD2d 271, 272 [3d Dept 1976], lv denied 40 NY2d 803 ).
If an action is immune from liability, then there can be no award of money damages for any harm it may have caused. Consequently, the claim or proposed claim based on such allegations does not set forth a cause of action on which this Court can grant relief.
The doctrine of Judicial Immunity bars claims against Judges for their Judicial Acts, as well as claims against the State arising out of any alleged errors made by its Judges in a Judicial capacity. See Fuller v State of New York, Claim No. 107726, Motion M-75521, CM-7553, Schaewe, J., 1/20/09)], citing Murray v Brancato, 290 NY 52 ; Jamieson v State [of New York], 7 AD2d 944 [3d Dept 1959; Kopeppe v City of Hudson, 276 App Div 443 [3d Dept 1950]; Harley v State [of New York], 186 AD2d 324 [3d Dept 1992], app dsm [sic] 81 NY2d 781 ; Rossman v State [of New York, 40 AD2d 1046 [3d Dept 1972].
(Ramsay Affirmation, ¶ 7)
|Albany, New York June 28, 2012|