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MATTER OF MALONE v. CITY OF NEW YORK

Index No. 151185/19. Appeal Nos. 13340-13340A. Case Nos. 2019-2115, 2019-2116.

192 A.D.3d 510 (2021)

144 N.Y.S.3d 689

2021 NY Slip Op 01512

In the Matter of Stephen Malone et al., Appellants, v. City of New York et al., Respondents.

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

Decided March 16, 2021.

Attorney(s) appearing for the Case

Law Office of Craig L. Sheldon, Long Island City ( Craig L. Sheldon of counsel), for appellants.

James E. Johnson , Corporation Counsel, New York ( Ingrid R. Gustafson of counsel), for respondents.

Concur—Renwick, J.P., Kapnick, Oing, Moulton, JJ.

The CPLR article 78 court correctly dismissed the proceeding brought by six horse-drawn carriage owners and operators to annul a rule recently promulgated by respondent New York City Department of Transportation (34 RCNY 4-12[t]) that relocated passenger boarding areas from the perimeter of Central Park to designated areas inside the park.

Respondent did not exceed its authority in enacting the rule. Administrative Code of the City of New York § 19-174(a) expressly...

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