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Greystone Management Corp. v. Conciliation & Appeals Board

62 N.Y.2d 763 Court N.Y. Decision date 1984-05-01 English

Judges Chief Judge Cooke and Judges Jasen, Jones, Wacht-ler, Meyer, Simons and Kaye concur.

Contents

Majority

p. 763
Greystone Management Corp. et al., Appellants, v Conciliation and Appeals Board of the City of New York, Respondent.
Argued March 20, 1984;
decided May 1, 1984
p. 765

Headnote

APPEARANCES OF COUNSEL
Gary M. Rosenberg, Sherwin Belkin and Robert A. Jacobs for appellants.
Ellis S. Franke for respondent.

OPINION OF THE COURT

Memorandum.

Order affirmed, with costs. It cannot be said that the Appellate Division abused its discretion in refusing to grant declaratory relief in this case (Bower & Gardner v Evans, 60 NY2d 781 ). Generally, a declaratory judgment action is not the proper vehicle to challenge an administrative procedure, where judicial review by way of article 78 proceeding is available.

Chief Judge Cooke and Judges Jasen, Jones, Wacht-ler, Meyer, Simons and Kaye concur.

Order affirmed, with costs, in a memorandum.

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