MATTER OF RICHES v. NEW YORK CITY COUNCIL

106116/08, 1380.

75 A.D.3d 33 (2010)

899 N.Y.S.2d 177

In the Matter of JAMES RICHES et al., Appellants, v. NEW YORK CITY COUNCIL et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 15, 2010.


Attorney(s) appearing for the Case

Norman Siegel , New York City, McLaughlin & Stern, LLP, New York City ( Steven J. Hyman of counsel), and Philip Van Buren , New York City, for appellants.

Michael A. Cardozo , Corporation Counsel, New York City ( Elizabeth I. Freedman , Leonard Koerner , Spencer Fisher and Stephen Kitzinger of counsel), for respondents.

SWEENY, J.P. and BUCKLEY, J., concur with FREEDMAN, J.; CATTERSON and ACOSTA, JJ., dissent in a separate opinion by CATTERSON, J.


OPINION OF THE COURT

FREEDMAN, J.

We affirm the motion court's dismissal of this matter (2008 NY Slip Op 32030[U]) as a proper exercise of discretion.

Eight citizens bring this proceeding, pursuant to section 1109 of the New York City Charter, requesting that Supreme Court conduct a summary judicial inquiry concerning the City Council's practice of allocating funds to nonexistent entities during its initial budgeting process. Section 1109 provides...

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