Brown v. McMorran

In this proceeding to review a determination made by the respondent McMorran as New York State Superintendent of Public Works, respondents move to dismiss the amended petition, and for summary judgment, pursuant to rules 3211 and 3212 of the Civil Practice Law and Bules. A motion heretofore made to dismiss the original petition was granted on June 17, 1963 (39 Mise 2d 716), on the ground that the determination sought to be reviewed was legislative in character and consequently could not be reviewed in a proceeding under article 78 of the Civil Practice Act, which only authorized proceedings…