MATTER OF FISCH v. AIKEN

Ordered that the order is affirmed, with costs.

It is well settled that in a special proceeding, where no triable issues of fact are raised, the court may make a summary determination on the pleadings and papers submitted as if a motion for summary judgment were before it (see, CPLR 409 [b]; Matter of Friends World Coll. v. Nicklin, 249 A.D.2d 393; Matter of Bahar v. Schwartzreich, 204 A.D.2d 441).

Here, the appellant's affidavit merely presents a feigned factual issue designed to avoid the consequences of the petitioner's documentary evidence (see, Glick Dolleck v. TriPac Export Corp., 22 N.Y.2d 439; Capraro v. Staten Is. Univ. Hosp., 245 A.D.2d 256; Garvin v. Rosenberg, 204 A.D.2d 388). The Supreme Court, therefore, correctly decided the petition without a hearing.

The appellant's remaining contentions are either without merit or are unpreserved for appellate review.

O'Brien, J. P., Santucci, Krausman and Goldstein, JJ., concur.