Ross v. Goord

Appeal from a judgment of the Supreme Court (Keegan, J.), entered March 4, 1998 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

Although petitioner commenced this proceeding pursuant to CPLR article 78, the relief he seeks is declaratory and injunctive. Respondents moved to dismiss the petition based upon lack of personal jurisdiction and failure to state a cause of ac*884tion. Finding insufficient allegations of irreparable harm, Supreme Court granted the motion, resulting in this appeal by petitioner.

Petitioner alleges…