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DANE E. CLAYTON, plf-ap, v. NEW YORK CITY TAXI & LIMOUSINE COMMISSION def-res

12563. DANE E. CLAYTON, plf-ap, v. NEW YORK CITY TAXI & LIMOUSINE COMMISSION def-res — DANE E. CLAYTON, APPELLANT PRO SE. Michael A. Cardozo, Corporation Counsel, New York (Jonathan A. Popolow of counsel), for res — __—Order, Supreme Court, New York County (Margaret A. Chan, J.), entered August 6, 2013, which granted defendants' motion to dismiss the complaint, and denied plaintiff's requests for leave to file a late notice of claim and to add additional defendants, unanimously affirmed, without costs.

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12563. DANE E. CLAYTON, plf-ap, v. NEW YORK CITY TAXI & LIMOUSINE COMMISSION def-res — DANE E. CLAYTON, APPELLANT PRO SE. Michael A. Cardozo, Corporation Counsel, New York (Jonathan A. Popolow of counsel), for res — __—Order, Supreme Court, New York County (Margaret A. Chan, J.), entered August 6, 2013, which granted defendants’ motion to dismiss the complaint, and denied plaintiff’s requests for leave to file a late notice of claim and to add additional defendants, unanimously affirmed, without costs.

The motion court correctly determined that the Court of Appeals’ decision in Greater N.Y. Taxi Assn.v. State of New York (21 NY3d 289 [2013]), which declared the “HAIL Act” (chapter 602 of the Laws of 2011, as amended by Chapter 9 of the Laws of 2012), to be constitutional, was dispositive of plaintiff’s claims relating to allegedly illegal livery vehicle pick ups in the boroughs of New York City other than Manhattan, and required their dismissal.

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