| City of Glen Cove v Glen Cove Enters., Inc., Et Al. |
| Motion No: 2017-01289 NC |
| Slip Opinion No: 2017 NY Slip Op 88740(U) |
| Decided on October 5, 2017 |
| Appellate Term, Second 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. |
of the State of New York for the 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| City of Glen Cove, Respondent, v Glen Cove Enterprises, Inc., et al., Appellants. |
Motion by appellants for a stay pending the determination of an appeal from an order of the City Court of Glen Cove, Nassau County, entered June 28, 2017. Separate motion by respondent for an enlargement of time to serve and file opposition to appellant's motion. By order to show cause dated September 8, 2017, the parties were directed to show cause why the above-entitled appeal should not be dismissed and the order of the City Court entered June 28, 2017 and all other proceedings taken in the City Court vacated as nullities on the ground that the City Court lacks jurisdiction over an action for declaratory and injunctive relief.
Now, upon the order to show cause, the papers filed in support thereof, and the papers filed in opposition thereto, and upon the papers filed in support of the motions by appellants and respondent, it is
ORDERED that the motion to dismiss the appeal is granted, the appeal is dismissed, and the order of the City Court entered June 28, 2017 and all other proceedings taken in the City Court are vacated as nullities on the ground that the City Court lacks jurisdiction over an action for declaratory and injunctive relief (see CPLR 3001; Fresh Acupuncture, P.C. v Interboro Ins. Co., 56 Misc 3d 98 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017]; Green v Lakeside Manor Home for Adults, Inc., 30 Misc 3d 16 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2010]); and it is further,
ORDERED that appellants' motion and respondent's motion are denied as academic.
Contrary to respondent's contention, neither UCCA 209 (b) (2-a) nor UCCA 212 vest the City Court with jurisdiction to entertain a civil action for declaratory and injunctive relief.
ENTER:
Paul Kenny Chief Clerk