| IN THE MATTER OF ALEXANDER KATES V LETITIA JAMES, ATTORNEY GENERAL FOR THE STATE OF NEW YORK, AND JOHN BRINGEWATT FOR |
| Motion No: OP 23-00362 |
| Slip Opinion No: 2023 NY Slip Op 65391(U) |
| Decided on April 10, 2023 |
| 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: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND CURRAN, JJ.
OP 23-00362
| IN THE MATTER OF ALEXANDER KATES,
PETITIONER, V LETITIA JAMES, ATTORNEY GENERAL FOR THE STATE OF NEW YORK, AND JOHN BRINGEWATT FOR THE
COUNTY OF MONROE, RESPONDENT. |
Respondent, Letitia James, Attorney General for the State of New York having moved to dismiss the proceeding or, for an extension of time to file and serve an answer in this original CPLR article 78 proceeding,
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 motion is granted and the proceeding is dismissed on the ground that this Court lacks subject matter jurisdiction (see CPLR 506 [b] [1]; 7804 [b]; Matter of Nolan v Lungen, 61 NY2d 788, 789-790 [1984]; Matter of Jefferson v Siegel, 28 AD3d 1153, 1154 [4th Dept 2006]).
Entered: April 10, 2023
Ann Dillon Flynn
Clerk of the Court