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MATTER OF PAROCHIAL BUS SYS., INC. v. PARKER

40 A.D.2d 1062 (1972)

In the Matter of Parochial Bus System, Inc., on Behalf of Itself and All Others Similarly Situated, et al., Appellants, v. T. W. Parker, as Commissioner of Transportation of The State of New York, Respondent

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

December 28, 1972

Although an article 78 proceeding is an inappropriate vehicle to review the legislative acts of an administrative agency, dismissal of this proceeding may be avoided by treating it as a declaratory judgment action. (Matter of Lakeland Water Dist. v. Onodaga County Water Auth., 24 N.Y.2d 400.) The central issue to be decided on this appeal is whether the Department of Transportation of the State of New York, when it promulgates rules...

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