BELLI v. NEW YORK CITY DEPT. OF TRANSP.

Index No. 156534/18. Appeal No. 14725. Case No. 2020-03710.

200 A.D.3d 402 (2021)

160 N.Y.S.3d 202

2021 NY Slip Op 06746

Mark Belli, Appellant, v. New York City Department of Transportation et al., Respondents.

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

Decided December 2, 2021.


Attorney(s) appearing for the Case

Mark Belli, appellant pro se.

Georgia M. Pestana , Corporation Counsel, New York ( Lorenzo Di Silvio of counsel), for respondents.

Concur—Webber, J.P., Oing, Shulman, Pitt, JJ.


The complaint fails to state a cause of action for declaratory judgment, as there is no justiciable controversy (CPLR 3001; see James v Alderton Dock Yards, 256 N.Y. 298, 305 [1931]). Plaintiff no longer works for defendant New York City Department of Transportation (DOT), and in any event, he was already granted a conditional leave of absence and reinstatement by defendant New York City Human Resources Administration (HRA). Further, the declaratory judgment cause...

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