[App Term, 2d Dept, 2d & 11th Jud Dists 2007]; Bey v City of
New York, 32 Misc 3d 946 [Civ Ct, Kings County 2011].) The
Civil Court is a court of limited jurisdiction, possessing only
that subject matter provided by law. (Fuca, 15 Misc 3d at 87; see
Bey, 32 Misc 3d at 947-948 [Civ Ct, Kings County 2011].) Where
the Civil Court, or any other lower court, lacks jurisdiction to
hear a case, it may not determine any matter raised therein
which is outside of the court’s jurisdiction. (See Fuca v City of
New York [small claims court without jurisdiction to determine
whether plaintiff filed the action within four months of determi-
nation].) Put another way, where the Civil Court lacks jurisdic-
tion, any proceedings had in that court are a nullity. (Kaminsky
v Connolly, 73 Misc 2d 789 [App Term, 1st Dept 1972]; Bey at
948.)
As the Civil Court lacks subject matter jurisdiction, it is be-
yond its power to review an administrative determination of the
Housing Authority (Rowe v New York City Hous. Auth. Law
Dept., Civ Ct, Kings County, Sept. 30, 2010, Levine, J., index
No. CV-029455-10), or rule upon whether the instant challenge
was brought within the four-month statute of limitations
prescribed in CPLR 7804 or the merits of the article 78 proceed-
ing. (See CPLR 217 [1].)
However, rather than dismiss the case for lack of jurisdiction
pursuant to CPLR 3211 (a) (2), this court has the authority
under NY Constitution, article VI, § 19 (f) to transfer this case
to Supreme Court. (See Bey v City of New York, 32 Misc 3d 946
[Civ Ct, Kings County 2011].) Transfer of an action over which
the court has not jurisdiction is required on the court’s own mo-
tion. (Kaminsky v Connolly, 73 Misc 2d at 790; see also Baptist
Temple Church v Mann, 194 Misc 2d 498 [Civ Ct, NY County