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Many New Yorkers have been waiting for weeks for a $400 property tax rebate check.
The mayor's own budget director admitted Bloomberg needs council approval to withhold the checks and council members now are suing to force the city to send them out.

But Bloomberg said Wednesday that he is not budging.

"We obviously aren't going to send out checks when we don't have money at the moment," he said.

Speaking for the first time since the suit was filed Tuesday, the mayor says the legal challenge is not changing his position.

"This is not a legal issue, this is a fiscal issue," said the mayor. "We have to work with the City Council to find a way to balance our budget."

The mayor's stance is putting City Council Speaker Christine Quinn in a tight spot. She wants the checks to go out, but is not promising New Yorkers they will get their checks in time for the holidays.

"I can guarantee to New Yorkers that we are going to fight as hard as we can to get them those checks as quickly as possible," said Quinn.

Council members who filed the lawsuit are taking things further, saying the mayor has no choice but to give New Yorkers the money they were promised. Many are outraged by the city's shifting explanations as to why the checks have not gone out.

"Either they didn't know the law clearly, or they were trying to buy time," said Councilman Vincent Gentile. "And if they are trying to buy time, the time is up. Game over; we win, send out the checks, based on the law."

Despite the council's promise that it is fighting to get the rebates in the hands of New Yorkers, there are no guarantees the checks are going in the mail anytime soon.