Harley v. Perkinson

OPINION OF THE COURT

William H. Keniry, J.

This case presents the issue of whether a Family Court Judge may invoke the defense of absolute judicial immunity to bar a suit alleging that the Judge acted outside of his jurisdiction.

The underlying facts stem from a long-standing divorce proceeding between plaintiff Gerald A. Harley and his wife, Jacqueline A. Harley. The most bitter and vitriolic aspect of the divorce has encompassed the issues of custody and visitation of the parties’ three daughters, Amanda, Andrea and *754Aimee (see, Harley v Harley, 157 AD2d 916). These issues have been the focus…