Staten Island Alliance for Mentally Ill v. Mercado

Judgment, Supreme Court, New York County (Paula Omansky, J.), entered June 24, 1999, which granted petitioner’s petition pursuant to CPLR article 78 to annul and vacate respondent Commissioner’s September 30, 1998 order determining that the Division lacked subject matter jurisdiction over petitioner’s complaint against the Metropolitan Transit Authority (MTA), denied the MTA’s motion to dismiss the petition, and reinstated petitioner’s complaint for further proceedings before the Division, unanimously affirmed, without costs.

We have already determined that an appeal lies as of right to this…