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GIULIANI v. NYC COUNCIL

181 Misc.2d 830 (1999)

688 N.Y.S.2d 413

RUDOLPH W. GIULIANI, as Mayor of the City of New York, et al., Plaintiffs, v. COUNCIL OF THE CITY OF NEW YORK, Defendant.

Supreme Court, New York County.

March 18, 1999.

Attorney(s) appearing for the Case

Michael D. Hess, Corporation Counsel of New York City (Michael H. Williams of counsel), for plaintiffs.

Richard M. Weinberg (Gail R. Zweig of counsel), for defendant.

Institute for Justice, Washington, D.C. (William H. Mellor, Clint Bobick, Nicole S. Garnett and Deborah Simpson of counsel), and Shapiro & Lane, L. L. P., Mamaroneck (J. Mark Lane of counsel), for proposed intervenors.

OPINION OF THE COURT

LOUIS B. YORK, J.

THE PARTIES

Rudolph Giuliani, the Mayor of the City of New York, and Diane McGrath-McKechnie, the Commissioner of the New York City Taxi and Limousine Commission, seek summary judgment in their challenge against the constitutionality of portions of the local laws regarding the licensing of the commuter vans that operate in the City of New York. The City Council cross-moves for summary judgment dismissing the...

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