New York Supreme Court January 11, 1995 (Werger v. Riordan)

*714OPINION OF THE COURT

Joseph Harris, J.

State and County respondents move pursuant to CPLR 3211 (a) (7) to dismiss the complaint on the grounds that this action may not be maintained because the petitioner has failed to state a cause of action. Petitioner opposes the motion. There being no contested issues of fact, the court treats the motion as a motion for summary judgment.