Campo v. Rega

• Decision Date: 08 December 1980
• Citation: Campo v. Rega, 79 A.D.2d 626, 433 N.Y.S.2d 630 (N.Y. App. Div. 1980)
• Parties: Charles CAMPO, Appellant, v. Arthur REGA, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 630

433 N.Y.S.2d 630

79 A.D.2d 626

Charles CAMPO, Appellant, v.Arthur REGA, Respondent.

Supreme Court, Appellate Division, Second Department.

Dec. 8, 1980.

Richard Hartman, Mineola (Richard W. McDowell, Babylon of counsel), for appellant.

Alan J. Azzara, Mineola, for respondent.

Before HOPKINS, J. P., and MANGANO, GULOTTA and WEINSTEIN, JJ.

MEMORANDUM BY THE COURT.

In an action to recover damages for libel and slander, plaintiff appeals from an order of the Supreme Court, Nassau County, dated January 30, 1980, which granted defendant's motion for summary judgment.

Order affirmed, with $50 costs and disbursements.

The statements involved herein are protected by an absolute privilege because they were part of a complaint by a civilian concerning the conduct of a police officer, which complaint was referred to the Internal Affairs Division of the Nassau County Police Department.The public policy of this State is to allow civilian complaints concerning the conduct of public officials to be aired in the proper forum without fear that the complainant will be subject to a libel or slander action (seeWiener v. Weintraub, 22 N.Y.2d 330, 292 N.Y.S.2d 667, 239 N.E.2d 540;Julien J. Studley, Inc. v. Lefrak, 50 A.D.2d 162, 376 N.Y.S.2d...