New York State Builders Ass'n v. State

OPINION OF THE COURT

De Forest C. Pitt, J.

Before this court is a motion brought on by an order to show cause for a preliminary injunction as well as a final determination of a CPLR article 78 proceeding and an action for a declaratory judgment pursuant to article 7-A of the State Finance Law and CPLR 3001. Respondents have raised the objection that the only issue discussed at oral argument before the signing of the order to show cause was the preliminary injunction. However, the order to show cause specifically states that respondents shall show cause why a declaratory judgment shall not be…