MATTER OF BABA v. EVANS


213 A.D.2d 248 (1995)

624 N.Y.S.2d 18

In the Matter of Susan Baba, Appellant, v. Martin Evans, as Justice of the Supreme Court, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

March 16, 1995


The IAS Court properly dismissed the petition for lack of subject matter jurisdiction, because it included a claim against a Justice of the Supreme Court, County of New York, and therefore, should have been commenced in this Court (CPLR 506 [b] [1]). We further note that the claims against the other respondents were previously advanced and rejected in petitioner's prior appeal to this Court (Matter of Baba v 1133 Bldg. Corp., 210 A.D.2d 6

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