Opinion
October 1, 1999
Appeal from Judgment of Supreme Court, Onondaga County, Stone, J. — CPLR art 78.
PRESENT: PINE, J.P., LAWTON, WISNER, HURLBUTT AND BALIO, JJ.
Judgment unanimously affirmed without costs. Memorandum: We affirm for reasons stated in the decision at Supreme Court (Stone, J.). We add only that a CPLR article 78 proceeding is "not the proper vehicle to resolve contractual rights" (Automated Ticket Sys. v. Quinn, 70 A.D.2d 726, 727, mod on other grounds 49 N.Y.2d 792; see, Matter of City Constr. Dev. v. Commissioner of New York State Off. of Gen. Servs., 176 A.D.2d 1145), and any alleged contract rights or remedies must be asserted in a plenary action.