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MATTER OF HAVERTY v. CITY OF NEW YORK

Index No. 159056/21. Appeal No. 16916. Case No. 2022-00733.

211 A.D.3d 530 (2022)

178 N.Y.S.3d 433

2022 NY Slip Op 07151

In the Matter of John L. Haverty, Appellant, v. City of New York et al., Respondents.

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

Decided December 15, 2022.

Attorney(s) appearing for the Case

Usar Law Group, P.C., New York (Faruk Usar of counsel), for appellant.

Sylvia O. Hinds-Radix, Corporation Counsel, New York (Kate Fletcher of counsel), for The City of New York and New York City Department of Transportation, respondents.

Pillsbury Winthrop Shaw Pittman LLP, New York (David G. Keyko of counsel), for NYC Bike Share, LLC and LYFT, Inc., respondents.

Concur—Renwick, J.P., Shulman, Rodriguez, Higgitt, JJ.

Order, Supreme Court, New York County (Lyle Frank, J.), entered on or about January 11, 2022, which, to the extent appealed from as limited by the briefs, granted respondents' motions to dismiss the hybrid CPLR article 78 petition, unanimously affirmed, without costs.

The court properly dismissed the petition as time-barred. Petitioner's claim that the Department of Transportation's request for proposals (RFP) for the program that became Citi Bike violated the City...

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