OPINION OF THE COURT

Order affirmed, with costs. The Special Prosecutor, and thus the State, was entitled to absolute immunity from a libel action based on an affirmation submitted in the course of a judicial proceeding (Imbler v Pachtman, 424 US 409, 421-423; see Toker v Pollak, 44 NY2d 211, 220).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.