Dubner v. Ambach

The majority concludes that it would be inappropriate to award petitioners incidental monetary relief in light of the additional proceedings necessary in this matter. While I agree that incidental monetary relief should not be granted to petitioners, I do so in the belief that we are without jurisdiction to make such an award. CPLR 7806 declares that incidental monetary relief may only be granted in an article 78 proceeding when the petitioner "might otherwise recover on the same set of facts in a separate action or proceeding suable in the supreme court against the same body or officer in…