Order unanimously affirmed without costs.
Memorandum:
Special Term properly denied plaintiff's motion for a declaratory judgment. The court lacked jurisdiction to grant declaratory relief because there was no underlying action or special proceeding (see, 3 Weinstein-Korn-Miller, NY Civ Prac ¶ 3001.12; see also, CPLR 3001). The record does not reflect that either a summons, notice of petition or order to show cause commencing an action or...
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