District Court, E.D. New York January 5, 2002, CV 01-1300(ADS) (Gambino v. Rubenfeld)

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

The plaintiff

pro se

commenced this action pursuant to the Declaratory Judgment Act, 42 U.S.C. § 1983, and New York Judiciary Law § 487. Presently before the Court is the defendant’s motion to dismiss the plaintiffs complaint for lack of subject matter jurisdiction pursuant to Fed. R.Civ.P. 12(b)(1).