Matter of Goffredo v City of New York

Motion No: M-6457

Slip Opinion No: 2007 NYSlipOp 69165(U)

Decided on May 10, 2007

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

May 10, 2007

In the Matter of Goffredo v The City of New York

Petitioner asserts that the ATSSSA deprives Supreme Court and this Court of subject matter jurisdiction over this special proceeding and "preempts" the notice of claim requirement under state law. Petitioner requests that we "announce" that we lack subject matter jurisdiction over this special proceeding and dismiss it. We need not decide, however, whether petitioner's present arguments are correct since they involve questions of federal law that, in light of its original and exclusive jurisdiction, should be addressed to the District Court.

Before: Marlow, J.P., Nardelli, Williams, Sweeny, McGuire, JJ.

Motion No. M-6457