Pebble Hill Building Corp. v. Madelik

In an action for declaratory relief, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Mayer, J.), dated April 22, 2014, which granted the defendants’ motion for summary judgment dismissing the complaint and denied its cross motion for summary judgment on the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court correctly concluded that, although brought as a declaratory judgment action, the true nature of the instant matter is directed toward review of an agency determination and, therefore, is governed by CPLR article 78 (see Tornheim v Fiala,…