Frank H. Hiscock Legal Aid Society v. City of Syracuse

Petitioner Frank H. Hiscock Legal Aid Society has brought a proceeding under CPLR article 78 in the nature of mandamus to compel the City of Syracuse, the respondent, to implement provisions of CPL article 150 relating to the issuance of appearance tickets for certain offenses other than felonies.

The City of Syracuse moved under CPLR 3211 (subd [a], par 7) to dismiss the petition for failure to state a cause of action. Petitioner then requested that pursuant to CPLR 3211 (subd [c]) respondent’s motion to dismiss be treated as a motion for summary judgment.

A conference was held at which both…