Appellate Division of the Supreme Court of the State of New York February 24, 2000 (Caroselli v. Goord)

Cardona, P. J.

Appeal from a judgment of the Supreme Court (Hemmett, Jr., J.), entered January 8, 1999 in Washington County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition for failure to state a cause of action.