Order reversed, without costs, and motion denied, with leave to respondents to answer within 20 days after the entry of the order hereon.
A motion to dismiss an article 78 proceeding, before answer, is in the nature of a demurrer, and only the petition may be considered. Affidavits alleging new matter constituting a defense of res judicata may not be considered; such a defense must be asserted by way of answer (Matter of Felice v. Swezey, 278 App. Div...
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