New York Supreme Court December 7, 1971 (Hallock v. State)

T. Paul Kane, J.

In an action for a declaratory judgment, defendants move to dismiss the complaint upon the grounds that the court lacks jurisdiction of the subject matter, the complaint fails to state a cause of action, and the State is not a *212necessary or proper party (CPLB 3211, subd. [a], pars. 2, 5, 7). Plaintiffs cross-move for summary judgment (CPLB 3211, subd. [e]).