| IN THE MATTER OF JOSEPH M. FUSCO III V HON. JOHN B. GALLAGHER, JR., IN HIS OFFICIAL CAPACITY AS JUSTICE OF THE SUPREME |
| Motion No: OP 26-00065 |
| Slip Opinion No: 2026 NY Slip Op 63133(U) |
| Decided on February 24, 2026 |
| 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., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.
OP 26-00065
| IN THE MATTER OF JOSEPH M. FUSCO III, PETITIONER, V HON. JOHN B.
GALLAGHER, JR., IN HIS OFFICIAL CAPACITY AS JUSTICE OF THE SUPREME COURT, RESPONDENT. |
Respondent having moved to dismiss the petition 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 petition is dismissed on the ground that the record establishes petitioner failed to acquire personal jurisdiction over respondent (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]).
Entered: February 24, 2026
Ann Dillon Flynn
Clerk of the Court