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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