Appellate Division of the Supreme Court of the State of New York March 8, 2007 (Delta Kappa Epsilon (DKE) Alumni Corp. v. Colgate University)

Rose, J.

Appeal from a judgment of the Supreme Court (Mc-Dermott, J.), entered March 7, 2006 in Madison County, which, in a combined proceeding pursuant to CPLR article 78 and plenary action, granted respondents’ motion to dismiss the petition/complaint.