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COUNCIL OF NYC v. GIULIANI

183 Misc.2d 799 (1999)

705 N.Y.S.2d 801

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

Supreme Court, Queens County.

October 28, 1999.

Attorney(s) appearing for the Case

Richard M. Weinberg, New York City (Ira A. Finkelstein, Gail R. Zweig and Jeffrey Haberman of counsel), and Tenzer Greenblatt L. L. P., New York City, for plaintiffs.

Michael D. Hess, Corporation Counsel of New York City (Leonard J. Keorner, Elizabeth Dvorkin and Fred Kolikoff of counsel), for defendants.

OPINION OF THE COURT

DAVID GOLDSTEIN, J.

This case presents a novel issue, namely, whether, pursuant to New York City Health and Hospitals Corporation Act § 7 (4) ([HHC Act] McKinney's Uncons Laws of NY § 7387 [4]; L 1969, ch 1016, § 1), a 1906 statute (L 1906, ch 456) and New York City Charter (Uniform Land Use Review Procedure [ULURP]) §§ 197-c and 197-d, the Council of the City of New York has a role in deciding whether the use...

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