IN RE: Andrea BIRO (2025)

Order, Supreme Court, New York County (Judy H. Kim, J.), entered July 13, 2023, which denied the petition and granted respondent Adams’ motions to deny and dismiss the pro se petition, unanimously affirmed, without costs.

Petitioners pro se sought an order convening a summary judicial inquiry under New York City Charter § 1109 regarding, among other things, enforcement of the pandemic-era “Key to NYC” program requiring COVID–19 vaccination for indoor settings such as entertainment and dining.  According to the allegations in the petition, respondent Eric Adams violated his duties and his oath of office as mayor by enforcing the program, and respondent Alvin Bragg violated his duties as District Attorney by failing to act after being alerted to a crime committed by the Mayor.  However, petitioners’ supporting affidavits lack any statement indicating their individual or collective status as taxpayers (see New York City Charter § 1109;  Matter of James v. Fariña, 171 A.D.3d 44, 49 n. 3, 96 N.Y.S.3d 220 [1st Dept. 2019]) Nor does the petition allege that any of the petitioners were harmed by the violations and neglect of duty alleged in the petition.  These procedural and jurisdictional defects warrant dismissal of the petition.

In any event, even putting these defects aside and deeming the petition properly filed, Supreme Court articulated valid reasons for declining to grant the petition.  We decline to review that decision, as there was no clear abuse of discretion (Matter of Riches v. New York City Council, 75 A.D.3d 33, 39, 899 N.Y.S.2d 177 [1st Dept. 2010], lv dismissed 15 N.Y.3d 735, 905 N.Y.S.2d 801, 931 N.E.2d 1057 [2010]).

We have considered petitioners’ remaining contentions and find them unavailing.