Albert v. Allen

Herlihy, J. P.

The court determined that the petition failed to contain “ any allegations indicative of mandamus or any other type of relief available under an article 78 CPLR proceeding or particularly any allegations which establish that the respondents have acted arbitrarily or capriciously. (Matter of Casey v. Conway, 283 App. Div. 1135.) ” (45 Misc 2d 87, 91.) The cited case held: ‘ ‘ There were no allegations of fact in the petition which, if true, would establish that the commission acted arbitrarily or capriciously ”.

The petition herein differs from that in the companion case in that…