Opinion
DOCKET NO. OP 18-00101
04-04-2018
IN THE MATTER OF LEON R. KOZIOL, INDIVIDUALLY, AND AS NATURAL PARENT OF CHILD A. AND CHILD B., AND ON BEHALF OF PARENTS SIMILARLY SITUATED, PETITIONER, v. JANET DIFIORE, CHIEF JUDGE OF NEW YORK STATE UNIFIED COURT SYSTEM, JAMES TORMEY, CHIEF JUDGE OF FIFTH JUDICIAL DISTRICT, JAMES MCCLUSKY, NEW YORK SUPREME COURT JUDGE, FAMILY JUDGE JAMES EBY, MAGISTRATE NATALIE CARRAWAY AND KELLY HAWSE-KOZIOL, RESPONDENTS.
PRESENT:
Respondents Janet DiFiore, Chief Judge of New York State Unified Court System, James Tormey, Chief Judge of Fifth Judicial District, James McClusky, New York Supreme Court Judge, Family Judge James Eby, and Magistrate Natalie Carraway having moved to dismiss the petition in the original proceeding filed by petitioner in this Court on January 22, 2018, and for other relief, and petitioner having cross-moved for an order seeking summary relief as set forth in the petition and for other relief,
Now, upon reading and filing the affirmation of Lee A. Adelerstein, Esq., dated February 21, 2018, the affirmations of Laura Etlinger, Esq., dated February 21, 2018 and March 8, 2018, the affidavit of Leon R. Koziol sworn to March 7, 2018, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are granted and the petition is dismissed insofar as it seeks relief pursuant to CPLR article 78 as against James Tormey, Chief Judge of Fifth Judicial District (see CPLR 217 [1]; see also New York Civ. Liberties Union v State, 4 NY3d 175, 184 [2005]), and
It is further ORDERED that the motions are granted and the petition is dismissed insofar as it seeks relief pursuant to CPLR article 78 as against James McClusky, New York Supreme Court Judge (see CPLR 7801 [1], [2]; New York Civ. Liberties Union v State, 4 NY3d 175, 184 [2005]; see also Matter of Dziedzic v Gallivan, 28 AD3d 1087, 1087-1088 [4th Dept 2006], and
It is further ORDERED that the motions are granted and the petition is dismissed insofar as it seeks relief pursuant to CPLR article 78 as against Janet DiFiore, Chief Judge of New York State Unified Court System, Family Judge Eby, Magistrate Carraway, and Kelly Hawse-Koziol 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 [1984]), and
It is further ORDERED that the petition is otherwise dismissed as to all parties on the ground that this Court lacks subject matter jurisdiction (see CPLR 3001; Matter of Jefferson v Siegel, 28 AD3d 1153, 1154 [4th Dept 2006]), and
It is further ORDERED that respondents James Tormey, Chief Judge of Fifth Judicial District, James McClusky, New York Supreme Court Judge, Family Judge James Eby, and Magistrate Natalie Carraway's motion is denied insofar as it seeks a filing injunction without prejudice, and
It is further ORDERED that petitioner's cross motion is denied.
Entered: April 4, 2018
Mark W. Bennett, Clerk