Weinstein v. McKenzie

Pécora, J.

Plaintiff, a licensed taxicab owner and operator, has commenced this action for a declaratory judgment to determine the legality and validity of a regulation issued by the commissioner of docks of the city of New York regulating the manner in which taxicabs may solicit passengers and requiring the payment of certain fees at the New York Municipal Airport (LaGuardia Field). Upon this motion plaintiff seeks a temporary injunction to restrain the defendants from enforcing the rule.

The facts are not in dispute. The commissioner of docks promulgated rule 33 governing the operation of…