The motion to dismiss was properly granted on authority of Matter of Mitchell v. Borakove ( 225 A.D.2d 435, appeal dismissed 88 N.Y.2d 919; see also, Matter of Katz v. Scott, 236 A.D.2d 259, lv denied 90 N.Y.2d 801). We have considered petitioner's equal protection argument based upon the likelihood of success of a proceeding such as this if brought outside of the City of New York ( see, Matter of Mitchell v. Borakove, supra, distinguishing Matter of Diaz v. Lukash, 82 N.Y.2d 211), and find it to be without merit ( see, Gardner v. Michigan, 199 U.S. 325, 333-334).
Concur — Sullivan, J.P., Nardelli, Williams and Andrias, JJ.