civil action by service of a summons and complaint does not satisfy the requirement that there be regularly issued process which compels the performance or forbearance of a prescribed act."); Drago v. Buonagurio, 61 A.D.2d 282, 402 N.Y.S.2d 250, 252 (3d Dep't. 1978) ("The gist of such a cause of action [for abuse of process] is the improper use of process after it has been issued, and there must be an unlawful interference with one's person or property under color of process. . . . The summons in the malpractice action against plaintiff was properly issued to institute the action and there is no allegation of improper use of process thereafter."); Osinoff v. Muchnick, 53 A.D.2d 858, 385 N.Y.S.2d 583, 584 (2d Dep't. 1976) (scandalous allegations of fraud in a complaint may be corrected by a motion to strike those allegations; they do not give rise to a cause of action for abuse of process even if the pleader "had a collateral objective (coercing compliance with unreasonable demands)"); Frank v. Coe, 51 A.D.2d 992, 381 N YS.2d 102 (2d Dep't. 1976); Embassy Sewing Stores, Inc. v. Leumi Financial Corp., 39 A.D.2d 940, 333 N.Y.S.2d 106 (2d Dep't. 1972); Tender Trap, Inc. v. Town of Huntington, 100 Misc.2d 108, 418 N.Y.S.2d 537, 541 (Sup.Ct., Suffolk Co. 1979) ("mere indirect injury to a person's business or his good name is not sufficient . . . There was no arrest in this case, no closing down of the operation, or other interference with property, and consequently, the cause of action for abuse of process is dismissed."). Federal cases: Alexander v. Unification Church of America, 634 F.2d 673, 677-78 (2d Cir. 1980) (plaintiff states a cause of action for abuse of process when he alleges that the defendant "procures the initiation of a proceeding by a third party" in order to compel plaintiffs to cease their deprogramming activities); Dorak v. County of Nassau, 329 F. Supp. 497, 501-02 (E.D.N Y 1970), aff'd., 445 F.2d 1023 (2d Cir. 1971) (former prisoner, whose guilty plea was set aside, claimed that he was reprosecuted because of

The court first finds that the complaint does not state a cause of action for abuse of process. The gist of the action for abuse of process lies in the improper use of process after it is issued, and not for its issuance (Williams v Williams, 23 N.Y.2d 592, 596; Frank v Coe, 51 A.D.2d 992). Moreover, for this action to lie, there must be a regularly-issued process, civil or criminal, compelling the performance or forebearance of some prescribed act (Board of Educ. of Farmingdale Union Free School Dist. v Farmingdale Classroom Teachers Assn., Local 1889, AFT AFL-CIO, 38 N.Y.2d 397, 403).