Greystone Mgt. Corp. v. Conciliation Appeals Bd.

Full title: Greystone Management Corp. et al., Appellants, v. CONCILIATION AND APPEALS…

Court: Court of Appeals of the State of New York

Date published: May 1, 1984

62 N.Y.2d 763 (N.Y. 1984)

477 N.Y.S.2d 315

465 N.E.2d 1251

Opinion

Argued March 20, 1984

Decided May 1, 1984

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Beatrice Shainswit, J.

Gary M. Rosenberg, Sherwin Belkin and Robert A. Jacobs for appellants.

Ellis S. Franke for respondent.

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 N.Y.2d 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, WACHTLER, MEYER, SIMONS and KAYE concur.

Order affirmed, with costs, in a memorandum.