Opinion
July 14, 1992
Present — Denman, P.J., Boomer, Pine, Balio and Fallon, JJ.
Petition unanimously dismissed without costs. Memorandum: Because no proceeding involving petitioner is pending before respondent, the petition fails to state a claim upon which relief may be granted and is therefore dismissed (see, CPLR 506 [b] [1]; 7803 [2]).