New York Supreme Court March 12, 1963 (County of Onondaga v. McMorran)

Frank Del Vecchio, J.

The County of Onondaga brings this article 78 proceeding to vacate a portion of an order dated September 5, 1962 made by the State Department of Public Works on the ground that it was arbitrary, capricious and illegal.

The respondent makes a motion to dismiss the proceeding on the ground that the petitioner fails to state facts sufficient to entitle it to the relief sought.