Wilcox v. City of Utica

Plaintiff moves by order to show cause, returnable before Special Term, September 5, 1974, for an order declaring section 16-13 of the Utica City Charter null and void and unenforceable and restraining enforcement of such section of the charter until further order of this court.

A summons and complaint was served by plaintiff in an action for declaratory judgment and issue was joined by service of an answer by defendant. After due notice to both parties, they agreed that this motion be considered as one for summary judgment under CPLR 3212 on the pleadings and records submitted, including…