Supreme Court of the State of New York, Appellate Division : Fourth Judicial Department

May 18, 2026

OP 26-00532

Present: Whalen, P.J., Lindley, Curran, Bannister, And Montour, JJ.

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Respondent, Monroe County District Attorney, having moved to dismiss the petition in this original CPLR article 78 proceeding, and petitioner having cross-moved to deny respondent's motion to dismiss, and for other relief,

Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,

It is hereby ORDERED that respondent's motion insofar as it seeks to dismiss the petition is granted and the petition is dismissed, and

It is further ORDERED that petitioner's cross-motion insofar as it seeks to deny respondent's motion is denied, and

It is further ORDERED that petitioner's cross-motion insofar as it seeks other relief is denied.

Memorandum: The record establishes petitioner failed to acquire personal jurisdiction over respondents (see CPLR 307 [1], [2]; 403 [c]; 7804 [c]; Raschel v Rish, 69 NY2d 694, 697 [1986]; Macchia v Russo, 67 NY2d 592, 595 [1986]; Matter of Drake v Fahey, 107 AD3d 1634, 1634-1635 [4th Dept 2013]; Matter of Bottom v Murray, 278 AD2d 817, 817 [4th Dept 2000]). Furthermore, this Court lacks subject matter jurisdiction to entertain the proceeding against respondents Rochester City Court (Hon. Constance A. Patterson), Monroe County District Attorney (Brian P. Green), and Monroe County Probation/Pre-trial Services (see CPLR 506 [b] [1]; 7804 [b]; see also Matter of Nolan v Lungen, 61 NY2d 788, 789-790 [1984]; Matter of Graham v Lupuloff, 186 AD3d 1519, 1519 [2d Dept 2020]; Matter of Holmes v Dunne, 180 AD3d 683, 683 [2d Dept 2020]; Matter of Pavlovic v Czajka, 27 AD3d 983, 983 [3d Dept 2006]).

Entered: May 18, 2026

Ann Dillon Flynn

Clerk of the Court