March 2010.  This matter involves a claim brought by a resident of a Long Island Town ("Town") against the Town and the Town's Deputy Commissioner of Code Enforcement.  The plaintiff alleges defamation and a purported violation of his constitutional rights for the issuance of a letter stating that his home was being used as a multi-family dwelling in violation of Town Code.  Plaintiff sought monetary relief as well as a declaration that his home was not being used as a multi-family dwelling.  The Supreme Court of the State of New York, Suffolk County, granted summary judgment in favor of Lewis Johs' clients, the Town and its Deputy Commissioner, dismissing the plaintiff's complaint on the grounds that the Town and its officials were afforded absolute privilege with respect to the alleged defamation.  The Appellate Division, Second Department, affirmed the dismissal, finding that the Town's officials were entitled to an absolute privilege against claims of defamation and that the plaintiff's request for declaratory relief was not available.