Kayatt v. Dinkins

*511OPINION OF THE COURT

Martin Schoenfeld, J.

"Government is a trust, and the officers of the government are trustees, and both the trust and the trustees are created for the benefit of the people.” (Henry Clay, statesman.)

This application, initially for a preliminary injunction, has on consent by all parties now been converted to one for summary judgment. (See, Oil Heat Inst. v Town of Babylon, 156 AD2d 352 [2d Dept 1989]; CPLR 3212 [b].) Further, on consent, the submitted papers are to be considered as an agreed statement of facts. (See, CPLR 3222.)

In what may very well be the last decision…