Opinion
May 11, 2000.
Order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered July 8, 1999, which granted defendant's motion to dismiss the first amended complaint as barred by the Statute of Limitations, unanimously affirmed, without costs.
Richard Dorn, for plaintiffs-appellants.
Linda H. Young, for defendant-respondent.
NARDELLI, J.P., TOM, MAZZARELLI, WALLACH, ANDRIAS, JJ.
Although the action is claimed to be for declaratory and injunctive relief, it is essentially an article 78 proceeding in the nature of mandamus to compel, challenging, as violative of Unconsolidated Laws § 7386(1)(a) and (3)(c), the budget allocations made by the City of New York for the Health and Hospitals Corporation in each of several fiscal years. Accordingly, the applicable Statute of Limitations is four months from the time that the budget for each fiscal year was adopted (see, New York City Health Hosps. Corp. v. McBarnette, 84 N.Y.2d 194), and the action was properly dismissed as untimely. Dismissal is also warranted on the ground that no private right of action exists under Unconsolidated Laws § 7386 against the Mayor of the City of New York. To hold otherwise would neither promote the purpose of that statute to establish an independent corporation to manage New York City's health facilities, nor be consistent with a legislative scheme under which the corporation is to submit a program budget to the City in time for inclusion in the Mayor's budget, at least where, as here, there is no showing that the corporation ever submitted to the City a program budget that was rejected (see, Unconsolidated Laws § 7382; § 7386[1];Carrier v. Salvation Army, 88 N.Y.2d 298).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.