IN RE: ESTATE OF James H. HASS (2024)

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

IN RE: ESTATE OF James H. HASS, etc., petitioner, v. Richard N. ALLMAN, etc., et al., respondents.

2022–08962

Decided: October 23, 2024

BETSY BARROS, J.P., PAUL WOOTEN, DEBORAH A. DOWLING, CARL J. LANDICINO, JJ.

Michael Greber, Brooklyn, NY, for petitioner. Letitia James, Attorney General, New York, NY (Charles F. Sanders of counsel), for respondent Richard N. Allman. Cooperman Lester Miller Carus LLP, Manhasset, NY (Eric H. Gruber of counsel), for respondents Daniel V. Perla and Gemini Realty Investors.

DECISION & JUDGMENT

Proceeding pursuant to CPLR article 78, inter alia, in effect, in the nature of mandamus to compel the respondent Richard N. Allman, a Court Attorney Referee of the Supreme Court, Kings County, to issue and direct entry of a judgment in an action entitled Estate of James H. Hass v. Perla, pending in that court under Index No. 40679/96.

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

This Court does not have subject matter jurisdiction to entertain this proceeding (see CPLR 7804[b]; 506[b]; Matter of Tonawanda Seneca Nation v. Noonan, 27 N.Y.3d 713, 37 N.Y.S.3d 36, 57 N.E.3d 1073).

BARROS, J.P., WOOTEN, DOWLING and LANDICINO, JJ., concur.

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