Appellate Division of the Supreme Court of the State of New York November 4, 2004 (City of New York v. Wing)

Order and judgment (one paper), Supreme Court, New York County (Faviola A. Soto, J.), entered February 4, 2004, which, in a CPLR article 78 proceeding by the City against the State, granted the State’s cross motion to dismiss the petition for lack of subject matter jurisdiction, unanimously affirmed, without costs.