Wein v. Comptroller of New York

OPINION OF THE COURT

Bernard Nadel, J.

Motions Nos. 120 and 121 on the calendar of January 19, 1977 are consolidated for disposition.

The defendants State of New York (State) and the State Comptroller Arthur Levitt (Levitt) move pursuant to CPLR 3211 to dismiss the action on the following grounds: plaintiffs lack of standing to sue, the court’s lack of subject matter jurisdiction, lack of personal jurisdiction over the State and failure to state a cause of action. Defendants, pursuant to CPLR 510, also move for a change of venue.

*653The plaintiff, Leon E. Wein (Wein), sues for a judgment declaring…