Matter of Davis v Great Am. E&S Ins. Co., 2020 NY Slip Op 03429 [184 AD3d 782]

June 17, 2020

Appellate Division, Second Department

[*1]

In the Matter of Stanley Davis, Petitioner,

v

Great American E&S Insurance Company et al., Respondents.

Stanley Davis, Shirley, NY, petitioner pro se.

Bonner Kiernan Trebach & Crociata, LLP, New York, NY (Alexander H. Gillespie of counsel), for respondent Great American E&S Insurance Company.

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, in effect, to compel a Justice of the Supreme Court, Suffolk County, to vacate an order dated October 21, 2019, issued in an action entitled Great Am. E&S Ins. Co. v Commack Hotel, LLC , pending in that court under index No. 615088/16. Motion by the respondent Great American E&S Insurance Company, inter alia, to dismiss the proceeding for lack of subject matter jurisdiction.

Ordered that the branch of the motion which is to dismiss the proceeding for lack of subject matter jurisdiction is granted, and the motion is otherwise denied as academic; and it is further, Adjudged that the proceeding is dismissed, without costs or disbursements.

This Court does not have subject matter jurisdiction to entertain this proceeding ( see CPLR 7804 [b]; 506 [b]; Matter of Nolan v Lungen , 61 NY2d 788, 789-790 [1984]). Balkin, J.P., Leventhal, Hinds-Radix and LaSalle, JJ., concur..