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MATTER OF HINMAN v. CITY OF ROCHESTER

94 A.D.2d 950 (1983)

In the Matter of James S. Hinman, Respondent-Appellant, v. City of Rochester, Acting through The Parking Violations Bureau, et al., Appellants-Respondents

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

May 25, 1983

Appeal and cross appeal unanimously dismissed, without costs (see CPLR 5701, subd [b], par 1).

Memorandum:

We note merely that had the parties sought leave to appeal, such relief would have been denied. That portion of the CPLR article 78 proceeding challenging the constitutionality of the parking ordinance was properly converted to an action for declaratory judgment (CPLR 103, subd [c]; Press v County of Monroe, 50 N.Y.2d 695

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