Appellate Division of the Supreme Court of the State of New York February 11, 1982 (Soybel v. Abrams)

Order and judgment (one paper), Supreme Court, New York County (Sinclair, J.), entered June 3, 1981 granting respondent’s cross motion to dismiss the petition, and denying petitioner’s application for judgment pursuant to CPLR article 78, is unanimously reversed, on the law, without costs; respondent’s cross motion to dismiss the petition is denied; judgment is directed declaring that the plan to