D'ALESSANDRO, MARY v. KIRKMIRE, GARY

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered August 3, 2012 in a CPLR article 78 proceeding and declaratory judgment action. The judgment, inter alia, declared that the case management fees imposed by defendant-respondent City of Rochester under section 90-21 of the Municipal Code are valid, constitutional and legally imposed.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the motion of petitioners-plaintiffs for summary judgment is granted, the cross motion of…