Steuben-Allegany Board of Cooperative Educational Services v. Board of Education of Hornell City School District

272 A.D.2d 859, 708 N.Y.S.2d 671

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 10, 2000
• Status: Published

Opinion

—Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly declared the rights of the parties for reasons stated in its decision. However, because this is a declaratory judgment action, the court erred in dismissing the complaint in action No. 1 (see, Tumminello v Tumminello, 204 AD2d 1067). We therefore modify the judgment by vacating the third decretal paragraph. (Appeal from Judgment of Supreme Court, Steuben County, Bradstreet, J.— Declaratory Judgment.) Present — Hayes, J. P., Wisner, Hurl-butt and Kehoe, JJ.