OPINION OF THE COURT
ALEXANDER W. HUNTER, JR., J.
Petitioners' application for an order pursuant to CPLR article 78, declaring certain amended rules of the New York City Taxi and Limousine Commission as arbitrary and capricious, is denied. Petitioners' application for discovery and a trial is denied. Respondents' cross motion seeking an order dismissing the petition pursuant to CPLR 3211 (a) (3) and (7) is granted and the proceeding is dismissed.
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