MATTER OF BERNZ

It was not within the court's power to sua sponte deny the petition and dismiss the proceeding on the ground of forum non conveniens. The doctrine of forum non conveniens may only be employed by a court on the motion of a party. (VSL Corp. v. Dunes Hotels Casinos, 70 N.Y.2d 948.)

Concur — Murphy, P.J., Kupferman, Sullivan, Carro and Milonas, JJ.