McMahan v Perry, 2018 NY Slip Op 06239 [164 AD3d 1444]

September 26, 2018

Appellate Division, Second Department

[*1]

Elena McMahan, Appellant,

v

Susie McMahan Perry, Also Known as Leslie Susan Perry, as Personal Representative of the Estate of David Bruce McMahan, Deceased, Respondent.

Law Office of Yonatan S. Levoritz, P.C., Brooklyn, NY, for appellant.

Belowich & Walsh LLP, White Plains, NY (Brian T. Belowich and Kerry Ford Cunningham of counsel), for respondent.

In an action for a declaratory judgment, the plaintiff appeals from an order of the Supreme Court, Westchester County (Terry Jane Ruderman, J.), dated February 6, 2017. The order, insofar as appealed from, granted the defendant’s motion pursuant to CPLR 3211 (a) to dismiss the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

Under the circumstances of this case, the Supreme Court properly granted the defendant’s motion pursuant to CPLR 3211 (a) to dismiss the complaint ( see generally Matter of Morgenthau v Erlbaum , 59 NY2d 143, 148 [1983]). Rivera, J.P., Roman, Hinds-Radix and Christopher, JJ., concur..