Automated Ticket Systems, Ltd. v. Quinn

*795OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified by deleting therefrom the words "and complaint dismissed” and as modified affirmed on the memorandum of the Appellate Division, without costs. What was transferred to Albany Supreme Court by New York County Supreme Court was a motion made in the New York County action, which the court held was more properly the subject of an article 78 proceeding. The underlying action was not transferred and the record does not reveal whether it is still pending in New York County. It was, therefore, error on appeal from…