PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. OP 08-00443

IN THE MATTER OF BETTY O. MUKA, PETITIONER, V JAMES P. MURPHY, JUSTICE OF SUPREME COURT, RUTH P. MATSON, JAMES A. MEGGESTO, MEGGESTO, CROSSETT & VALERINO, LLP, HEARTH AT GREENPOINT, ADULT PROTECTION SERVICES, NEW YORK STATE DEPARTMENT OF SOCIAL SERVICES, ST.JOSEPH'S HOSPITAL, NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, PAUL ROOT, EUGENIA ("JEAN") CURRY, ROBERT ROOD, ROBERT ROOD ASSOCIATES, LPL FINANCIAL CORPORATION AND SYRACUSE POLICE DEPARTMENT, RESPONDENTS.

Petitioner having moved to compel respondent James P. Murphy to file and serve an answer to her CPLR article 78 petition, and respondents Ruth P. Matson, Jamesa A. Meggesto, Meggesto, Crossett & Valerino, LLP, Robert Rood, Robert Rood Associates, and LPL Financial Corporation having cross-moved to dismiss the proceeding on the ground, inter alia, that the petition lacks merit,

Now, upon reading and filing the affidavit of Betty O. Muka sworn to March 31, 2008, the notice of motion with proof of service thereof, the opposing affirmations of James A. Meggesto dated April 9, 2008, and April 16, 2008, the opposing affirmation of Peter J. Cambs, Sr. dated April 14, 2008, the notices of cross motion with proof of service thereof, the reply affidavit of Betty O. Muka sworn to April 22, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied, and

It is further ORDERED that the cross motions be, and the same hereby are, granted, and the proceeding is dismissed without costs.

Memorandum: Because petitioner has an adequate remedy in the form of an appeal, a CPLR article 78 proceeding does not lie (see Matter of Muka v Maher, 59 AD2d 790, 791 [1977]).

Entered: May 15, 2008

JoAnn M. Wahl, Clerk