IN THE MATTER OF DOMINIQUE HUNTER V NIAGARA COUNTY FAMILY COURT JUDGE KATHLEEN WOJTASZEK-GARIANO, NIAGARA COUNTY FAMILY
Motion No: OP 22-00302
Slip Opinion No: 2022 NY Slip Op 65737(U)
Decided on May 10, 2022
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.


May 10, 2022

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

OP 22-00302

IN THE MATTER OF DOMINIQUE HUNTER, PETITIONER,

V

NIAGARA COUNTY FAMILY COURT JUDGE KATHLEEN

WOJTASZEK-GARIANO, NIAGARA COUNTY FAMILY COURT JUDGE THOMAS

M. DIMILLO, NIAGARA COUNTY CHILD PROTECTIVE SERVICE,

NIAGARA COUNTY CPS EMPLOYEE CHERYL MCMAHON, NIAGARA COUNTY

CPS EMPLOYEE CAROL HENDERSON, ALL NIAGARA COUNTY COURT

JUDGES AND ALL NIAGARA COUNTY CPS EMPLOYEES, RESPONDENTS.


Respondents having moved to dismiss the petition in this original CPLR article 78 proceeding, on the ground that this Court lacks subject matter jurisdiction,

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

It is hereby ORDERED that the motions are granted and the petition is dismissed (see Nolan v Lungen, 61 NY2d 788; Matter of Graham v Lupuloff, 186 AD3d 1519).

Entered: May 10, 2022

Ann Dillon Flynn

Clerk of the Court