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MATTER OF MAJESTIC COLLECTIBLES, INC. v. SPITZER

307 A.D.2d 296 (2003)

762 N.Y.S.2d 504

In the Matter of MAJESTIC COLLECTIBLES, INC., et al., Petitioners, v. ELIOT SPITZER, as Attorney General of the State of New York, Respondent.

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

Decided July 14, 2003.

Adjudged that the proceeding is dismissed, without costs or disbursements.

This Court does not have original subject matter jurisdiction to entertain this proceeding, as no "justice of the supreme court or * * * judge of [the] county court or the court of general sessions" was named as a respondent (CPLR 506 [b] [1]). Since subject matter jurisdiction cannot be waived, the proceeding must be dismissed (see Matter of Nolan v Lungen, 61 N.Y.2d...

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