Bike New York, Inc. v. New York City Police Department

*865OPINION OF THE COURT

Margaret A. Chan, J.

Petitioner Bike New York, Inc. moves pursuant to CPLR article 78 to annul respondents New York City Police Department and Office of Citywide Event Coordination and Management’s determination classifying petitioner’s TD Five Boro Bike Tour a “Non-Charitable Athletic Parade” and imposing a fee of $967,534 to cover 100% of the estimated traffic control costs.

Petitioner has scheduled its 36th Annual TD Five Boro Bike Tour for May 5, 2013, where it expects 32,000 participants to cycle 40 miles through the five boroughs of New York City. The cost of…