Supreme Court correctly rejected plaintiff's request for a preliminary injunction in light of the fact that the motion was not part of a pending action or proceeding. Moreover, even if the allegations in plaintiff's motion papers were construed as an inartful attempt to commence a CPLR article 78 proceeding, such an attempt would fail because of the lack of compliance with the procedural requirements for commencing such a proceeding.
Ordered that the order is affirmed...
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