Pirro & Sons, Inc. v. Pirro

Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered July 25, 2014. The order granted defendants’ motion to dismiss the petition.

*1610It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the special proceeding is converted to an action, the motion is denied and the petition is reinstated as a complaint.

Memorandum: Pirro & Sons, Inc. commenced this “proceeding” seeking a preliminary and permanent injunction, alleging that Thomas J. Pirro, Jr. Funeral Home and Thomas J. Pirro, Jr. violated the terms of a…