Pinnacle Bus Service, Inc. v. State

OPINION OF THE COURT

Frank P. Milano, J.

Defendant moves to dismiss the claim on the ground that the court lacks subject matter jurisdiction.

In particular, defendant argues that adjudication of the claim would necessarily require review of an administrative determination of a state agency which is only permissible in a CPLR article 78 proceeding brought in Supreme Court. Claimant Pinnacle Bus Service, Inc. opposes the motion, asserting that the claim is based on the “negligent action and/or inaction by the Department of Motor Vehicles” and that no “administrative decision was ever issued in…