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PATROLMEN'S ASSN v. KOCH

113 Misc.2d 882 (1982)

In the Matter of Patrolmen's Benevolent Association et al., Petitioners, v. Edward I. Koch, as Mayor of the City of New York, et al., Respondents.

Supreme Court, Special Term, New York County.

March 19, 1982

Attorney(s) appearing for the Case

Phillips, Nizer, Benjamin, Krim & Ballon (Eugene N. Axelrod of counsel), for petitioners. Frederick A. O. Schwarz, Jr., Corporation Counsel, for Edward I. Koch and others, respondents. Carla Lowenheim and Richard K. Bernard for New York City Transit Authority, respondent.

IRA GAMMERMAN, J.

This article 78 proceeding seeks to declare the respondents' action of utilizing auxiliary police officers on patrol in the subways of the City of New York to be arbitrary, capricious and an abuse of discretion, and to permanently enjoin the respondents from further utilizing the auxiliary police officers in the subways. The respondents cross-move to dismiss the petition on the grounds that it fails to state a cause of action, that petitioners...

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