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Supreme Court, Albany County, June 23, 2004
APPEARANCES OF COUNSEL
Eliot Spitzer, Attorney General, Albany (Bridget E. Holohan of counsel), for respondent. Patrick M. Snyder, Cortland, petitioner pro se.
{**4 Misc 3d at 622} OPINION OF THE COURT
Bernard J. Malone, Jr., J.
The motion of the respondent for an order dismissing the petition{**4 Misc 3d at 623} upon the objection in point of law that it fails to state a cause of action is granted.
By Executive Order (Pataki) No. 10 (9 NYCRR 5.10) the Governor established judicial screening committees throughout the state to consider the qualifications of those seeking appointment to judicial offices and gave those committees the power to make recommendations to him as to whether the applicants are highly qualified. This CPLR article 78 proceeding concerns the Third Department Judicial Screening Committee and the position of Cortland County Judge. A vacancy occurred in that position and, apparently, several local attorneys applied to the Third Department Judicial Screening Committee for appointment by the Governor to the position. Julie Campbell was given the temporary appointment as Cortland County Judge and, purportedly ran campaign ads stating she was the only candidate who was found to be highly qualified for this position by the bipartisan Third Department Judicial Screening Committee. The petitioner is an attorney practicing in Cortland County and he made a Freedom of Information Law (FOIL) request to the Third Department Judicial Screening Committee for disclosure of certain information. When that information was not forthcoming, the petitioner commenced this article 78 proceeding. The respondent, prior to serving its answer, has moved to dismiss the proceeding upon the ground that as a matter of law the petition fails to state a cause of action.
The petitioner asserts that the Third Department Judicial Screening Committee is an "agency" as that term is defined in Public Officers Law

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