Gym Door Repairs, Inc. v. New York City Department of Education

Appeal from a judgment of the Supreme Court (Lynch, J.), entered May 9, 2012 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

In 2001, the Legislature enacted Education Law § 409-f, requiring schools within the state to equip electronically operated partitions with safety devices (L 2001, ch 217). Petitioners manufacture, install and maintain such safety devices and have installed about 4,000 statewide. In 2011, petitioners commenced this CPLR article 78 proceeding alleging, among other things, that respondents failed to…