Opinion
Argued January 21, 2000
February 28, 2000
In a proceeding pursuant to CPLR article 78 to compel inspection of corporate books and records, the petitioner appeals from a judgment of the Supreme Court, Nassau County (McCarty, J.), dated August 24, 1999, which dismissed the proceeding.
Stim Warmuth, P.C., Huntington, N.Y. (Joseph D. Stim and Glenn Warmuth of counsel), for appellant.
CORNELIUS J. O'BRIEN, J.P., DANIEL W. JOY, ANITA R. FLORIO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is reversed, on the law, with costs, and the petition is reinstated.
The Supreme Court erred in concluding that the petitioner was unable to seek relief pursuant to CPLR article 78 (see, Berkowitz v. Astro Moving Stor. Co., 240 A.D.2d 450 ).