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MATTER OF DOE v. ZUCKERMAN

274 A.D.2d 583 (2000)

715 N.Y.S.2d 848

In the Matter of JOHN DOE, Appellant, v. MARK D. ZUCKERMAN, Respondent.

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

Decided July 31, 2000.

Ordered that the judgment is affirmed, without costs or disbursements.

While we agree that the proceeding must be dismissed we do so on a different ground than those relied on by the Supreme Court. The petitioner's contentions are not properly reviewable in a proceeding pursuant to CPLR article 78 (see, Matter of Donald P. v Palmieri, 257 A.D.2d 623; Matter of Haddock v Wexner, 253 A.D.2d 881

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