IN RE: Gregory Huss (2018)

Supreme Court, Appellate Division, First Department, New York.

IN RE: Gregory Huss, Petitioner–Appellant, v. The Conference on Jewish Material Claims Against Germany, Respondent–Respondent.

6055

Decided: March 22, 2018

Tom, J.P., Webber, Oing, Moulton, JJ.

Jacob Laufer, P.C., New York (Jacob Laufer of counsel), for appellant. White & Case LLP, New York (Isaac S. Glassman of counsel), for respondent.

Judgment, Supreme Court, New York County (Joan B. Lobis, J.), entered April 28, 2017, dismissing the proceeding brought pursuant to CPLR article 78 to annul the determination of the arbiter, dated December 7, 2015, which affirmed respondent's decision suspending petitioner's Article 2 Fund benefits and demanding return of prior payments, unanimously affirmed, without costs.

The petition was properly dismissed because petitioner lacks standing to challenge the termination of his Holocaust reparations payments, as it was determined by the arbiter and affirmed by the Director of the German Ministry of Finance that he has no legal right to receive such payments (see Hammerstein v Conference on Jewish Material Claims Against Germany, 2008 N.Y. Slip Op 30935[U] [Sup Ct, N.Y. County 2008]; Revici v Conference of Jewish Material Claims Against Germany, 11 Misc.2d 354 [Sup Ct, N.Y. County 1958]; Matter of Jewish Secondary Schools Movement v Conference of Jewish Material Claims Against Germany, 11 Misc.2d 358, 358–359 [Sup Ct, N.Y. County 1958]; Sampson v Federal Republic of Germany, 250 F3d 1145, 1156 [7th Cir2001] ).

DEPUTY CLERK

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