PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND TROUTMAN, JJ.

DOCKET NO. OP 15-02140

IN THE MATTER OF LEON R. KOZIOL, INDIVIDUALLY AND AS NATURAL PARENT OF CHILD A. AND CHILD B., PETITIONER, V FAMILY COURT JUDGE DANIEL R. KING, WILLIAM KOSLOSKY, ATTORNEY FOR CHILD, KELLY HAWSE-KOZIOL AND JOSEPH FLIHAN, RESPONDENTS.

Petitioner having moved in this CPLR article 78 proceeding for leave to file an amended petition, and for other relief, and

Respondent William Koslosky, Esq., Attorney for the Child having moved to dismiss the proceeding for lack of jurisdiction and for a permanent filing injunction against petitioner, and

Respondent N. Joseph Flihan having moved to dismiss the proceeding for lack of jurisdiction, for a permanent filing injunction against petitioner, and for sanctions,

Now, upon reading and filing the affidavit and statement of Leon R. Koziol sworn to January 26, 2016, and dated March 4, 2016, the affidavits of Paul G. Ferrara, Esq., sworn to February 1, 2016, and February 4, 2016, the affidavit of William L. Koslosky, Esq., sworn to January 28, 2016, the affidavits of N. Joseph Flihan sworn to February 1, 2016, and February 23, 2016, the notices of motion with proof of service thereof, and the affidavit of Kelly Hawse Koziol sworn to January 30, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that petitioner's motion is denied in its entirety, and

It is further ORDERED that respondents William L. Koslosky, Esq. and N. Joseph Flihan's motions are granted insofar as they seek to dismiss the proceeding for lack of subject matter jurisdiction (see CPLR 506 [b] [1]; 7804 [b]), and the motions insofar as they seek a permanent filing injunction and sanctions are denied without prejudice.

Entered: April 6, 2016

Frances E. Cafarell, Clerk