Opinion
June 29, 1987
Appeal from the Supreme Court, Rockland County (Kelly, J.).
Ordered that the notice of appeal is treated as an application for leave to appeal, said application is referred to Justice Thompson and leave to appeal is granted by Justice Thompson; and it is further,
Ordered that the order is reversed, on the law, without costs or disbursements, the motion is granted, and the proceeding is dismissed in its entirety.
This court has held that the petitioner in a proceeding pursuant to CPLR article 78 is not entitled to a destigmatization or a name-clearing hearing unless he has included in his petition allegations that the adverse party has openly defamed him or in some manner held him up to ridicule (Matter of Leon v Meehan, 112 A.D.2d 935, affd 67 N.Y.2d 613). The petition in this matter contains no such allegations nor do any of the papers submitted in regard thereto by the petitioner in the court of first instance. In view of the foregoing, the proceeding must be dismissed in its entirety. Thompson, J.P., Weinstein, Eiber and Sullivan, JJ., concur.