DeVito v. City of Rye

— In a proceeding pursuant to CPLR article 78, inter alia, to compel the respondent to determine the petitioner’s grievance dated July 31, 1987, the petitioner appeals from an order and judgment (one paper) of the Su*374preme Court, Westchester County (Walsh, J.), entered February 23, 1988, which, upon granting the respondent’s cross motion, dismissed the proceeding.

Ordered that the order and judgment is modified, on the law, by (1) deleting the provision thereof granting that branch of the respondent’s cross motion which was to dismiss that branch of the petition which sought a hearing on the…