Bridget M. v Billick

Bridget M. v Billick 2007 NY Slip Op 00243 [36 AD3d 489] January 16, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 14, 2007

Bridget M., Individually and as Custodial Parent of Amber A. and Another, Infants, Appellant,
v
Stephen Bates Billick, Respondent.

—[*1] Shanahan & Associates, P.C., New York (Thomas D. Shanahan of counsel), for appellants. Martin Clearwater & Bell LLP, New York (Ellen B. Fishman of counsel), for respondent.

Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered January 26, 2006, which granted defendant's motion pursuant to CPLR 3211 (a) to dismiss the complaint, unanimously affirmed, with costs.

Defendant, a psychiatrist appointed by the court as the neutral forensic evaluator with the consent of the parties' attorneys and the children's Law Guardian in an underlying custody proceeding in Family Court (see Matter of John A. v Bridget M., 16 AD3d 324 [2005], lv denied 5 NY3d 710 [2005]), has judicial immunity from suit for malpractice regarding the work he performed (see Colombo v Schwartz, 15 AD3d 522 [2005]; Deed v Condrell, 150 Misc 2d 279 [1991], affd 177 AD2d 1055 [1991]). Plaintiffs have failed to show any exception that would warrant lifting the immunity. Concur—Gonzalez, J.P., Sweeny, McGuire, Malone and Kavanagh, JJ.