Morrison v. City of Buffalo Board of Education

Judgment unanimously reversed on the law with costs and motion denied with leave to respondent to answer the petition within 20 days of service of a copy of the order of this Court with notice of entry. Memorandum: Supreme Court improperly converted respondent’s motion to dismiss the petition (CPLR 7804 [f]) into a motion for summary judgment *1075(CPLR 3211 [c]) and granted summary judgment to petitioner. The motion to dismiss raised a question of fact whether respondent violated its policy in failing to hire petitioner. Summary judgment, therefore, was not appropriate (see, Matter of Cutcher v…