This petition sets forth three causes of action arising from alleged violations of petitioner's procedural and substantive rights. Special Term concluded that because a consideration of the motion under CPLR 7804 (subd [f]) would limit it to an examination of the petition on its face, it would decide the motion under CPLR 3211 and thereby consider affidavits, exhibits and other materials which had been submitted to the court upon the return date. This court has consistently...
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