Stalteri v. Monroe County

• Court: New York Supreme Court — Appellate Division
• Citation: Stalteri v. Monroe County, 486 N.Y.S.2d 555, 107 A.D.2d 1071 (N.Y. App. Div. 1985)
• Decision Date: 29 January 1985
• Parties: Vincent S. STALTERI, Respondent, v. COUNTY OF MONROE; The Monroe County Sheriff's Department and their agents, servants, et al.; Deputies of the Monroe County Sheriff's Department and including Deputy Gillette, Appellants, and The Town of Webster, Defendant.

Page 555

486 N.Y.S.2d 555

107 A.D.2d 1071

Vincent S. STALTERI, Respondent, v. COUNTY OF MONROE; The Monroe County Sheriff's Department and their agents, servants, et al.; Deputies of the Monroe County Sheriff's Department and including Deputy Gillette, Appellants, and The Town of Webster, Defendant.

Supreme Court, Appellate Division, Fourth Department.

Jan. 29, 1985.

John D. Doyle, County Atty., by Nira T. Kermisch, Deputy County Atty., Rochester, for appellants.

Merkel, Passero, Byrnes & Kohler, Rochester, for respondent.

Before DILLON, P.J., and HANCOCK, CALLAHAN, DENMAN, and GREEN, JJ.

MEMORANDUM:

Plaintiff sued the County defendants and the Town of Webster alleging causes of action for false arrest, abuse of process and negligence based upon the arrest of plaintiff by a Monroe County deputy sheriff. Special Term erred in denying the motion to dismiss made by the County defendants pursuant to CPLR 3211[a][7]. Since the arrest was made pursuant to a warrant valid on its face, there is no basis for an action for false arrest (see Broughton v. State of New York, 37 N.Y.2d 451, 456-457, 373 N.Y.S.2d 87, 335 N.E.2d 310, cert. denied sub nom. Schanbarger v. Kellogg, 423 U.S. 929, 96 S.Ct. 277, 46 L.Ed.2d 257; Saunsen v. State of New York, 81 A.D.2d 252, 440 N.Y.S.2d 281) or abuse of process (see, generally, 1 N.Y.Jur, Abuse of Process § 3 pp 57-58; see also, Curiano v. Suozzi, 63 N.Y.2d 113, 116-117, 480 N.Y.S.2d 466, 469 N.E.2d 1324; Hauser v. Bartow, 273 N.Y. 370, 7 N.E.2d 268, rearg. denied 274 N.Y. 489, 8 N.E.2d 617). Inasmuch as plaintiff's cause of action for negligence is based upon the arrest, he "may not recover under broad general principles of negligence ... but must proceed by way of the traditional remedies of false arrest and imprisonment ..." (Boose v. City of Rochester, 71 A.D.2d 59, 62, 421 N.Y.S.2d 740). Moreover, the County is not liable for the acts of its sheriff or his deputies (see N.Y.Const. art. XIII, § 13[a]; Wilson v. Sponable, 81 A.D.2d 1, 439 N.Y.S.2d 549, app. dismissed 54 N.Y.2d 834; cf. Barr v. County of Albany, 50 N.Y.2d 247, 428 N.Y.S.2d 665, 406 N.E.2d 481). We note also that the causes of action for false arrest and abuse of process are time barred (CPLR 215[1], [3] ). Accordingly, the motion to dismiss by the County defendants must be granted and the complaint dismissed as to them.

Order unanimously reversed on the law without costs and County defendants' motion granted.