Sibarco Stations, Inc. v. Risman

Judgment unanimously modified by deleting the second decretal paragraph, and as so modified affirmed, without costs. Memorandum: Upon denial of the motion to dismiss, the petitioner’s affirmative relief should not have been granted before permitting respondents appellants to answer (CPLR 7804, subd. Í.£]) • (Appeal from judgment of Erie Special Term, in article 78 proceeding.) Present — Del Vecchio, J. P., Marsh, Gabrielli, Moule and Henry, JJ.