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In the Matter of Pavlovic v. Czajka

Appellate Division of the Supreme Court of New York, Third Department
Mar 23, 2006
27 A.D.3d 983 (N.Y. App. Div. 2006)

Opinion

98751.

March 23, 2006.

Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to CPLR 506 [b] [1]) to review a determination of respondent which revoked petitioner's pistol permit.

Richard L. Mott, Albany, for petitioner.

Eliot Spitzer, Attorney General, Albany (Marlene O. Tuczinski of counsel), for respondent.

Before: Crew III, J.P., Peters, Mugglin, Rose and Kane, JJ., concur.


A CPLR article 78 proceeding against a Judge of the Surrogate's Court should be commenced in Supreme Court and is not properly commenced in this Court ( see CPLR 506 [b] [1]; Matter of Panas v. Traficanti, 147 AD2d 795, 796; Matter of Juracka v. Severson, 115 AD2d 102, 102, lv denied 67 NY2d 603). Neither Matter of Mazzone v. Czajka ( 8 AD3d 788) nor Matter of Gerard v. Czajka ( 307 AD2d 633) address the issue of lack of initial jurisdiction in this Court and, therefore, they should not be regarded as controlling authority.

Adjudged that the petition is dismissed, without costs.


Summaries of

In the Matter of Pavlovic v. Czajka

Appellate Division of the Supreme Court of New York, Third Department
Mar 23, 2006
27 A.D.3d 983 (N.Y. App. Div. 2006)
Case details for

In the Matter of Pavlovic v. Czajka

Case Details

Full title:In the Matter of MLADEN M. PAVLOVIC, Petitioner, v. PAUL CZAJKA, as…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Mar 23, 2006

Citations

27 A.D.3d 983 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 2256
810 N.Y.S.2d 687

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