Appellate Division of the Supreme Court of the State of New York February 10, 2011 (Gilbert v. Sutkowy)

— Appeal from a judgment of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered November 16, 2009 in a proceeding pursuant to CPLR article 78. The judgment denied the petition and granted the motions of respondents to dismiss the petition pursuant to CPLR 3211 (a) (7).