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

OP 25-01972

EDWARD A. JACKSON, PETITIONER, V HON. AMY C. MARTOCHE, IN HER CAPACITY AS JUSTICE OF THE SUPREME COURT, ERIE COUNTY, HON. JOSEPH A. ZAYAS, IN HIS OFFICIAL CAPACITY AS DEPUTY CHIEF ADMINISTRATIVE JUDGE FOR COURTS OUTSIDE NEW YORK CITY, MICHAEL P. KEARNS, IN HIS OFFICIAL CAPACITY AS ERIE COUNTY CLERK, LETITIA JAMES, ESQ., ATTORNEY GENERAL OF STATE OF NEW YORK, AND KATHLEEN CROWLEY, ESQ., COURT ATTORNEY-REFEREE, ERIE COUNTY FAMILY COURT, RESPONDENTS.

Respondents Hon. Amy C. Martoche, Hon. Joseph A. Zayas, Leticia James, Esq., Grace Jackson now known as Grace Gannon, Esq. and Kathleen Crowley, Esq. having moved to dismiss the petition in this original CPLR article 78 proceeding, and petitioner having cross-moved for summary judgment.

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

It is hereby ORDERED that respondents' motions insofar as they seek to dismiss the petition are granted, and

It is further ORDERED that the petitioner's cross-motion for summary judgment is denied.

Memorandum: The petition against respondents Hon. Amy C. Martoche and Hon. Joseph A. Zayas is dismissed on the ground that a writ of mandamus is unavailable to challenge a discretionary determination (see Matter of Dziedzic v Gallivan, 28 AD3d 1087, 1088 [4th Dept 2006]). The petition against the remaining respondents is dismissed on the ground that this Court lacks subject matter jurisdiction to entertain the proceeding (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: February 24, 2026

Ann Dillon Flynn

Clerk of the Court