Contrary to petitioner's contention, the court did not convert the cross motion to dismiss the petition for failure to state a cause of action into a motion for summary judgment without notice. Rather, the court, pursuant to CPLR 7804 (f), properly found that petitioner failed to state a legally cognizable cause of action that respondents acted arbitrarily, capriciously, or without a rational basis, where the record evidence establishes that the determination finding petitioner...
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