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HILL v. GIULIANI

272 A.D.2d 157 (2000)

708 N.Y.S.2d 855

STANLEY HILL, as Executive Director of District Council 37, AFSCME, AFL-CIO, et al., Plaintiffs-Appellants, v. RUDOLPH GIULIANI, as Mayor of the City of New York, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 11, 2000.

Although the action is claimed to be for declaratory and injunctive relief, it is essentially a CPLR article 78 proceeding in the nature of mandamus to compel, challenging, as violative of McKinney's Unconsolidated Laws of NY § 7386 (1) (a) and (3) (c) (New York City Health and Hospitals Corporation Act [HHC Act] § 6 [L 1969, ch 1016, § 1]), the budget allocations made by the City of New York for the Health and Hospitals Corporation in each of several fiscal...

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