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BYNOE v. RIVERSIDE CHURCH

13 Misc.3d 628 (2006)

823 N.Y.S.2d 853

GEORGE A. BYNOE et al., Petitioners, v. RIVERSIDE CHURCH IN THE CITY OF NEW YORK, Respondent.

Supreme Court, New York County.

August 22, 2006.

Attorney(s) appearing for the Case

Patton, Eakins, Lipsett, Holbrook & Savage, New York City (Frank Patton, Jr. and John G. Lipsett of counsel), for respondent.

Samuel J. Landau, New York City, for petitioners.

OPINION OF THE COURT

RICHARD F. BRAUN, J.

This is a CPLR article 78 proceeding. Respondent moves to dismiss the petition, pursuant to CPLR 3211 (a) (1) and (7) and 7804 (f).

CPLR 7804 (f) provides that a respondent in an article 78 proceeding may move to dismiss the petition based on an objection in point of law. Such an objection is not defined by statute, but the grounds set forth in CPLR 3211 (a) are such objections (Matter of Hull-Hazard,...

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