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FRAGOSO v. ROMANO

268 A.D.2d 457 (2000)

702 N.Y.S.2d 333

MARIA FRAGOSO, Respondent, v. GENEROSO ROMANO et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 18, 2000.

Ordered that the proceeding is converted to an action for a declaratory judgment, the order to show cause is deemed to be the summons, and the petition is deemed to be the complaint (see, CPLR 103 [c]; Matter of Paladino v Town of Harrison, 225 A.D.2d 698); and it is further,

Ordered that the order and judgment is reversed insofar as appealed from, on the law, without costs or disbursements, and the complaint is dismissed...

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