Appeal by plaintiff from a small claims judgment of the District Court, Suffolk County (P. Hensley, J.), entered September 19, 2002, in favor of defendant dismissing the action.

Judgment unanimously affirmed without costs.

After this court reversed his conviction of criminal trespass, plaintiff commenced the instant small claims action based on false arrest and/or malicious prosecution to recover the costs he incurred in ordering transcripts for said appeal. Plaintiff alleged that defendant was the complainant in the criminal proceeding and, as such, should be responsible for the cost of the transcripts. It has been held that a civilian complainant, such as defendant herein, who merely seeks police assistance or furnishes the authorities with certain information cannot be held liable for false arrest or malicious prosecution inasmuch as the authorities are free to exercise their own judgment, based on that information, in determining whether the accused should be arrested or criminal charges filed (Goddard v Daly, 295 AD2d 314 [2002]; O'Connell v Luebs, 264 AD2d 385 [1999]). Accordingly, a complainant cannot be held liable for the cost of transcripts ordered in connection with an appeal regardless of whether the judgment of conviction is reversed on appeal. We have reviewed plaintiff's remaining contention and find it to be lacking in merit. Therefore, under the circumstances, the lower court's judgment in favor of defendant dismissing plaintiff's action rendered substantial justice between the parties in accordance with the rules and principles of substantive law (UDCA 1807).
Decision Date: March 04, 2004