Council of New York v. Giuliani

*331Order, Supreme Court, New York County (Robert Lippmann, J.), entered August 17, 2001, which, in a proceeding brought pursuant to CPLR article 78 and General Muncipal Law § 51, denied petitioners’ motion for a preliminary injunction and dismissed the article 78 petition as time-barred, but held that petitioner Hanley had stated a proper General Municipal Law §51 cause of action, unanimously modified, on the law, to dismiss the cause of action under General Municipal Law § 51 and otherwise affirmed, without costs.

The court properly dismissed the CPLR article 78 proceeding commenced by the…