Opinion
Motion No. OP 23-00362
04-10-2023
IN THE MATTER OF ALEXANDER KATES, PETITIONER, v. LETITIA JAMES, ATTORNEY GENERAL FOR THE STATE OF NEW YORK, AND JOHN BRINGEWATT FOR THE COUNTY OF MONROE, RESPONDENT.
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND CURRAN, JJ.
Respondent, Letitia James, Attorney General for the State of New York having moved to dismiss the proceeding or, for an extension of time to file and serve an answer in this original CPLR article 78 proceeding, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is hereby ORDERED that the motion is granted and the proceeding is dismissed on the ground that this Court lacks subject matter jurisdiction (see CPLR 506 [b] [1]; 7804 [b]; Matter of Nolan v Lungen, 61 N.Y.2d 788, 789-790 [1984]; Matter of Jefferson v Siegel, 28 A.D.3d 1153, 1154 [4th Dept 2006]).