Suarez v. Byrne (40 A.D.3d 546, 2007)

Application for an order pursuant to article 78 of the Civil Practice Law and Rules denied and the petition dismissed, without costs or disbursements (see People v Suarez, 40 AD3d 143 [2007]). All concur. No opinion. Order filed. Concur—Friedman, J.P., Marlow, Nardelli, Buckley and Kavanagh, JJ.