Regan v. Connors

Appellate Division of the Supreme Court of New York

Regan v. Connors

181 A.D.2d 1045

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 13, 1992

StatusPublished

This text of 181 A.D.2d 1045 (Regan v. Connors) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Regan v. Connors, 181 A.D.2d 1045 (N.Y. Ct. App. 1992).

Pincite

Opinion

— Order unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: We agree with Supreme Court’s analysis and conclusion as set forth in its written decision. However, rather than dismissing the complaint seeking declaratory relief, Supreme Court was obligated to make a declaration, even though plaintiff was not entitled to the declaration he sought (see, Hirsch v Lindor Realty Corp., 63 NY2d 878, 881; see also, Lanza v Wagner, 11 NY2d 317, 334; Medical World Publ. Co. v Kaufman, 29 AD2d 859). Consequently, we modify the order to include the declaration that Local Laws, 1989, No. 3 of the Town of Brighton is not unconstitutional and constitutes a valid exercise of power by the Town Board of the Town of Brighton. (Appeal from Order of Supreme Court, Monroe County, Ingraham, J. — Dismiss Complaint.) Present — Denman, P. J., Green, Pine, Lawton and Doerr, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

— Order unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: We agree with Supreme Court’s analysis and conclusion as set forth in its written decision. However, rather than dismissing the complaint seeking declaratory relief, Supreme Court was obligated to make a declaration, even though plaintiff was not entitled to the declaration he sought (see, Hirsch v Lindor Realty Corp., 63 NY2d 878, 881; see also, Lanza v Wagner, 11 NY2d 317, 334; Medical World Publ. Co. v Kaufman, 29 AD2d 859). Consequently, we modify the order to include the declaration that Local Laws, 1989, No. 3 of the Town of Brighton is not unconstitutional and constitutes a valid exercise of power by the Town Board of the Town of Brighton. (Appeal from Order of Supreme Court, Monroe County, Ingraham, J. — Dismiss Complaint.) Present — Denman, P. J., Green, Pine, Lawton and Doerr, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

181 A.D.2d 1045, Counsel Stack Legal Research, https://law.counselstack.com/opinion/regan-v-connors-nyappdiv-1992.

Opinion

Related

Cite This Page — Counsel Stack