We affirm the judgment for the reasons stated below, except to vacate that portion of the judgment directing that as to the $20 million to be returned to the city, respondents must pay 9% interest as of March 29, 1983, the date the penalty was assessed. The right to interest is purely statutory. Under CPLR 7806, which specifies what relief may be granted in a judgment in a special proceeding, only restitution or damages which are incidental to the primary relief sought by...
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