Appellate Division of the Supreme Court of the State of New York March 31, 1997 (Heins v. Board of Trustees of the Incorporated Village of Greenport)

In an action to recover damages for defamation, the defendant appeals from an order of the Supreme Court, Suffolk County (Underwood, J.), dated March 27, 1996, which, upon the prior conversion of its motion to dismiss the complaint pursuant to CPLR 3211 to a motion for summary judgment dismissing the complaint, denied the motion.