context: Those facts, however, do not mean that the proceeding was terminated in Hershey's favor. Where "there was no determination made on the merits" or "the matter was dropped in the interest of justice," without "evidence of .any proceeding beyond the summons," a plaintiff cannot establish that the proceeding was terminated in his favor.
citation_a.signal: see also
citation_a.identifier: 63 F.3d 110, 118
citation_a.parenthetical: "[T]his Court has already held [in Hygh ] that the New York Court of Appeals does not consider a dismissal in the interest of justice to be a favorable termination as a matter of law."
citation_a.sentence: Levy v. Alfano, 47 F.Supp.2d 488, 496 (S.D.N.Y.1999); see Hygh v. Jacobs, 961 F.2d 359, 368 (2d Cir.1992) (because “[a] dismissal ‘in the interest of justice’ is neither an acquittal of the charges nor any determination of the merits,” but instead, “leaves the question of guilt or innocence unanswered,” it cannot, “as a matter of law ... provide the favorable termination required as the basis for a claim of malicious prosecution”); see also Singer v. Fulton Cnty. Sheriff, 63 F.3d 110, 118 (2d Cir.1995) (“[T]his Court has already held [in Hygh ] that the New York Court of Appeals does not consider a dismissal in the interest of justice to be a favorable termination as a matter of law.”). Because Hershey has not pled that the proceeding against him was resolved in his favor based on any merits determination, his claims for malicious prosecution on federal and state grounds must be dismissed.
citation_b.signal: see
citation_b.identifier: 961 F.2d 359, 368
citation_b.parenthetical: because "[a] dismissal 'in the interest of justice' is neither an acquittal of the charges nor any determination of the merits," but instead, "leaves the question of guilt or innocence unanswered," it cannot, "as a matter of law ... provide the favorable termination required as the basis for a claim of malicious prosecution"
citation_b.sentence: Levy v. Alfano, 47 F.Supp.2d 488, 496 (S.D.N.Y.1999); see Hygh v. Jacobs, 961 F.2d 359, 368 (2d Cir.1992) (because “[a] dismissal ‘in the interest of justice’ is neither an acquittal of the charges nor any determination of the merits,” but instead, “leaves the question of guilt or innocence unanswered,” it cannot, “as a matter of law ... provide the favorable termination required as the basis for a claim of malicious prosecution”); see also Singer v. Fulton Cnty. Sheriff, 63 F.3d 110, 118 (2d Cir.1995) (“[T]his Court has already held [in Hygh ] that the New York Court of Appeals does not consider a dismissal in the interest of justice to be a favorable termination as a matter of law.”). Because Hershey has not pled that the proceeding against him was resolved in his favor based on any merits determination, his claims for malicious prosecution on federal and state grounds must be dismissed.