ALBANY (AP) - Drug charges against a New York state janitor accused of creating a secret hideaway to smoke and sell marijuana on the job have been dismissed.

An Albany city judge on Monday tossed the charges against 48-year-old Gary Pivoda, citing the fact that proper paperwork hadn't been forwarded to the court.

Pivoda was charged with drug paraphernalia and marijuana possession earlier this month after state investigators accused his supervisor, Louis Marciano, of creating a secret hideaway to smoke pot. The state inspector general dubbed the hidden room a "man cave."

Pivoda was also accused of sleeping in the room while other janitors cleaned his section of the Empire State Plaza's East Garage. Marciano wasn't charged.

Both men remain suspended.