Scott v. City of Albany

Appeal from a judgment of the Supreme Court (Cannizzaro, J.), entered October 4, 2002 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

Petitioner, by agreement with the operator of the City Hall Café (hereinafter City Café), the licensee of a food concession in Albany City Hall, placed advertising flyers for his school in the City Café. In October 2001, the licensee was informed by the *739Office of the Corporation Counsel of respondent City of Albany that placement of such advertising was unlawful. The advertising material…