| IN THE MATTER OF TRAVIS SMITH V HON. ROSALIE BAILEY, FAMILY COURT JUDGE, ASSISTANT ATTORNEY GENERAL DEBRA MARTIN |
| Motion No: OP 13-00396 |
| Slip Opinion No: 2013 NY Slip Op 71811(U) |
| Decided on April 19, 2013 |
| 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: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. OP 13-00396
| IN THE MATTER OF TRAVIS SMITH, PETITIONER, V HON.
ROSALIE BAILEY, FAMILY COURT JUDGE, ASSISTANT ATTORNEY GENERAL DEBRA MARTIN, SHARON NOSENCHUCK, ESQ. AND AYOKA
TUCKER, ATTORNEY FOR THE CHILD, RESPONDENTS. |
Petitioner having applied for an order to show cause seeking to stay certain hearings and proceedings pending this Court's determination of this CPLR article 78 proceeding commenced in this Court, and
Respondents Hon. Rosalie Bailey and Assistant Attorney General Debra Martin having cross-moved for dismissal of the petition for lack of subject matter jurisdiction, and for other relief,
Now, upon reading and filing the affidavit of Travis Smith sworn to March 26, 2013, the affirmation of Kathleen M. Arnold, Esq., dated April 10, 2013, and the proposed order to show cause and the notice of cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the cross motion insofar as it seeks to dismiss the petition is granted, and
It is further ORDERED that the petition in this matter is dismissed, without costs, for lack of subject matter jurisdiction (see CPLR 506 [b]; 7804 [b]; Matter of Nolan v Lungen, 61 NY2d 788; Matter of Morales v Woods, 85 AD3d 924), and
It is further ORDERED that petitioner's motion is dismissed.
Entered: April 19, 2013
Frances E. Cafarell, Clerk