Moore v. Caponera

OPINION OF THE COURT

Roger J. Miner, J.

Contending that he is immune from liability to plaintiff, defendant Philip Caponera moves for dismissal of the complaint pursuant to CPLR 3211.

Upon an information sworn to by Richard Enright on April 8, 1977, plaintiff was charged with petit larceny arising out of the theft of three dresses from the Korvettes store at the Northway Mall, Town of Colonie. Pursuant to an appearance ticket, plaintiff appeared before movant, Town Justice of the Town of Colonie, on April 18, 1977 to answer the charge. She was released on her own recognizance and the Public De*954fen…