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NYC v. STATE BUDGET DIV.

160 Misc.2d 1028 (1994)

612 N.Y.S.2d 309

In the Matter of City of New York, Petitioner, v. New York State Division of the Budget et al., Respondents.

Supreme Court, New York County.

January 20, 1994

Attorney(s) appearing for the Case

O. Peter Sherwood, Corporation Counsel of New York City (Lorna Bade Goodman and John R. Low-Beer of counsel), for petitioner. G. Oliver Koppell, Attorney-General (Robert F. Bacigalupi of counsel), for respondents.

LORRAINE S. MILLER, J.

Petitioner, the City of New York (the City), commences this CPLR article 78 proceeding seeking payment of $8,050,681 withheld from it for its operation of adult shelters on the grounds that respondents' failure to release this sum despite the City's present compliance with agency regulations is arbitrary and capricious and in violation of...

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