COUNCIL OF THE CITY OF NEW YORK v. GIULIANI


5 A.D.3d 330 (2004)

773 N.Y.S.2d 557

COUNCIL OF THE CITY OF NEW YORK et al., Appellants, and LAWRENCE HANLEY, Appellant-Respondent, v. RUDOLPH GIULIANI, as Mayor of the City of New York, et al., Respondents, and ATLANTIC EXPRESS COACHWAYS, INC., Respondent-Appellant.

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

March 30, 2004.


The court properly dismissed the CPLR article 78 proceeding commenced by the municipal petitioners as time-barred since their petition was brought more than four months after respondents' decision to bypass the City Charter franchise procedures was final, and petitioners, by reason of the municipal respondents' issuance of a request for proposals (RFP) suffered an actual, concrete injury (see CPLR 217 [1]; Legal Aid Socy. v City of New York,

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