OUSMAN SAVANE, plf-res, v. DISTRICT ATTORNEY OF NEW YORK COUNTY, ETC. def-ap, THE CITY OF NEW YORK def

3513. OUSMAN SAVANE, plf-res, v. DISTRICT ATTORNEY OF NEW YORK COUNTY, ETC. def-ap, THE CITY OF NEW YORK def — Cyrus R. Vance, Jr., District Attorney, New York (Christina Ante of counsel), for ap — Rubert & Gross, P.C., New York (Soledad Rubert of counsel), for res — Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered November 17, 2015, which, insofar as appealed from as limited by the briefs, denied the motion of the District Attorney defendants to dismiss the complaint as against them, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Plaintiff’s causes of action against defendant assistant district attorney, including for false arrest, malicious prosecution, malicious abuse of process, denial of due process, conspiracy and unreasonably prolonged detention, whether brought under state law and/or under 42 USC §1983, should have been dismissed absent allegations that would overcome the assistant district attorney’s entitlement to absolute immunity in performing what was her official duties as a prosecutor (see Arzeno v. Mack, 39 AD3d 341, 342 [1st Dept 2007]; Shmueli v. City of New York, 424 F3d 231 [2d Cir 2005]).