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MTR OF CARNIOL v. NYC TAXI

114029/2011

42 Misc.3d 199 (2013)

975 N.Y.S.2d 842

2013 NY Slip Op 23358

In the Matter of ROBERT CARNIOL, Individually and on Behalf of All Others Similarly Situated, Petitioner, v. NEW YORK CITY TAXI AND LIMOUSINE COMMISSION et al., Respondents.

Supreme Court, New York County.

Decided September 26, 2013.

Attorney(s) appearing for the Case

Daniel L. Ackman , New York City, for petitioner. Michael A. Cardozo , Corporation Counsel, New York City (Diana Murray of counsel), for respondents.

OPINION OF THE COURT

KATHRYN E. FREED, J.

In this CPLR article 78 proceeding, petitioner, Robert Carniol (Carniol) moves, via order to show cause, for: (1) a declaration that the use of Global Positioning System (GPS)1 technology to track taxi drivers is a search under New York law; (2) a declaration that a search using this GPS system violates article I, § 12 of the New York...

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