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MATTER OF BRENT v. HOCH

13 A.D.2d 505 (1961)

In the Matter of Albert Brent, as Chairman of The Citizens Planning Council of Huntington, et al., Appellants, v. Paul H. Hoch, as Commissioner of Mental Hygiene of The State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 6, 1961

Order affirmed, without costs.

Since the action by respondent was legislative in character (Rindge Co. v. Los Angeles, 262 U.S. 700, 709; Bragg v. Weaver, 251 U.S. 57, 58; Matter of City of New York [Ely Ave.], 217 N.Y. 45, 57), his action may not be reviewed by a proceeding under article 78 of the Civil Practice Act (Matter of Neddo...

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