PRESENT: WHALEN, P.J., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.

OP 25-01290

JOSEPH M. FUSCO III, PETITIONER, V HON. GAIL A. DONOFRIO, IN HER OFFICIAL CAPACITY AS JUSTICE OF THE SUPREME COURT, ALISON M. CARLING, IN HER CAPACITY AS PRINCIPAL LAW CLERK, MEGAN R. FUSCO, LISA S. SIRAGUSA, AND KRISTEN PORPORA, RESPONDENTS.

Respondents Megan R. Fusco, Lisa S. Siragusa and Kristen Porpora having moved dismiss this original CPLR article 78 proceeding, and for other relief,

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 petition is dismissed, and

It is further ORDERED that the motion insofar as it seeks other relief is denied.

MEMORANDUM: The claims in the petition against respondent Hon. Gail A. Donofrio are dismissed on the ground that a CPLR article 78 proceeding does not lie when another adequate remedy at law is available (see CPLR 7801 [1]; see also Sholes v Meagher, 100 NY2d 333, 335 [2003]; Matter of Art-Tex Petroleum v New York State Dept. of Audit & Control, 93 NY2d 830, 832 [1999]; Matter of Sibley v Steuben County Pistol Permit Clerk, 194 AD3d 1393, 1393 [4th Dept 2021]). Furthermore, this Court lacks subject matter jurisdiction over the claims in the petition as to respondents Alison M. Carling, Megan M. Fusco, Lisa S. Siragusa, Esq., and Kristen Porpora, Esq. (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: September 15, 2025

Ann Dillon Flynn

Clerk of the Court