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CLARK v. NEW YORK STATE OFFICE OF PARKS

288 A.D.2d 934 (2001)

732 N.Y.S.2d 200

DAVID A. CLARK, Appellant, v. NEW YORK STATE OFFICE OF PARKS, RECREATION & HISTORIC PRESERVATION, Respondent.

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

Decided November 9, 2001.

Order and judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff appeals from an order and judgment denying his motion for an injunction and dismissing his complaint with prejudice. We modify the order and judgment by providing that the dismissal is without prejudice. When a party seeks an injunction, he "opens the record and gives the court authority...

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