Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: The court erred in finding that General City Law § 20 (22) authorized the institution of special proceedings. The mere reference to "proceeding" in the statute is insufficient to authorize the prosecution of a matter "in the form of a special proceeding" (CPLR 103 [b]). To authorize the use of a special proceeding, a statute must specifically refer...
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