| IN THE MATTER OF BETTY O. MUKA V JAMES P. MURPHY, JUSTICE OF SUPREME COURT |
| Motion No: OP 09-00559 |
| Slip Opinion No: 2009 NY Slip Op 72923(U) |
| Decided on May 19, 2009 |
| Appellate Division, Fourth 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. |
PRESENT: SMITH, J.P., FAHEY, CARNI, PINE, AND GORSKI, JJ.
DOCKET NO. OP 09-00559
| IN THE MATTER OF BETTY O. MUKA, PETITIONER, V JAMES P. MURPHY,
JUSTICE OF SUPREME COURT, RESPONDENT. |
Petitioner having moved for a default judgment on the CPLR article 78 proceeding commenced in this Court on March 16, 2009,
Now, upon reading and filing the affidavit of Betty O. Muka sworn to April 30, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied and the proceeding is dismissed sua sponte.
Memorandum: Because petitioner has adequate remedy in the form of an appeal, a CPLR article 78 proceeding does not lie (see Matter of Muka v Murphy, 4th Dept, May 15, 2008 [Docket No. OP 08-00443]; Matter of Muka v Maher, 59 AD2d 790, 791 [1977]).
Entered: May 19, 2009
Patricia L. Morgan, Clerk