Ordered that on the court's own motion, the notice of appeal and notice of cross appeal are treated as applications for leave to appeal and cross appeal, the applications are referred to Justice Pizzuto, and leave to appeal and cross appeal are granted by Justice Pizzuto (CPLR 5701 [b]); and it is further,
Ordered that the order is reversed, on the law, with costs to the appellants-respondents, and the proceeding is dismissed as premature.
The verified petition is not limited to allegations that Central General Hospital acted in bad faith and failed to comply with its by-laws, but also alleges matters which are within the purview of Public Health Law § 2801-b. The petitioner is "obligated to present his claim of an improper practice, in the first instance, to the administrative body charged with the protection of these statutory rights" (Gaibor v Manhattan Eye, Ear Throat Hosp., 46 N.Y.2d 736, 738; Matter of Libby [Long Is. Jewish-Hillside Med. Center], 163 A.D.2d 388; cf., Matter of Murphy v St. Agnes Hosp., 107 A.D.2d 685, 689). Mangano, P.J., Thompson, Bracken and Pizzuto, JJ., concur.