MATTER OF BUCK v. CIVIL COURT OF THE CITY OF NEW YORK


88 A.D.2d 597 (1982)

In the Matter of Ruth E. Buck et al., Respondents, v. Civil Court of the City of New York, Respondent and Department of Housing Preservation and Development of the City of New York, Appellant

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

May 3, 1982


Order reversed, insofar as appealed from, on the law, preliminary injunction vacated, motion to dismiss granted and the petition is dismissed as to the department, without costs or disbursements.

Petitioners, if they are so disposed, may amend their answer in the Civil Court action to include as additional defenses the constitutional claims raised in their petition herein. It was error for Special Term to convert the article 78 proceeding into an action for a declaratory...

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