Legal Opinion

Hill v. Giuliani

Appellate Division of the Supreme Court of the State of New York

Decided May 11, 2000PublishedCited by 4 opinions

1Opinion of the Court

—Order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered July 8, 1999, which granted defendant’s motion to dismiss the first amended complaint as barred by the Statute of Limitations, unanimously affirmed, without costs.

Although the action is claimed to be for declaratory and injunctive relief, it is essentially a CPLR article 78 proceeding in the nature of mandamus to compel, challenging, as violative of McKinney’s Unconsolidated Laws of NY § 7386 (1) (a) and (3) (c) (New York City Health and Hospitals Corporation Act [HHC Act] § 6 [L 1969, ch 1016, § 1]), the budget…

2Cases cited2 opinions

  1. New York City Health & Hospitals Corp. v. McBarnetteNew York Court of Appeals · 1994
  2. Carrier v. Salvation ArmyNew York Court of Appeals · 1996

3Cited by4 opinions

  1. Rosenthal v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
  2. Academy Street Associates, Inc. v. SpitzerAppellate Division of the Supreme Court of the State of New York · 2007
  3. Matter of Malone v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
  4. Aymes v. NYC Department of Housing Preservation & DevelopmentAppellate Division of the Supreme Court of the State of New York · 2007

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