Stukuls v. State

Mahoney, J. (dissenting).

We dissent.

The sole issue is whether an acting president of a State University College is entitled to a defense of absolute privilege in an action for defamation relating to statements made within the scope of his official duties.

The defense of absolute privilege has a conservative history in this State. Traditionally, and without dissent, New York courts have extended it to judicial, legislative and high-level executive personnel whose duties require implementation and discharge of official State or municipal functions. In Sheridan v Crisona (14 NY2d 108, 113), the…