Bachety v. Kinsella
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— In a consolidated CPLR article 78 proceeding and declaratory judgment action, Legislators Bachety, Englebright, Levy, Nolan, Schaeffer, Postal, Prospect, Gaughran and the County of Suffolk separately appeal, as limited by their *726respective briefs, from so much of a judgment of the Supreme Court, Suffolk County (Gerard, J.), dated January 23, 1989, as dismissed the action and proceeding.
Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.
The CPLR article 78 proceeding was properly dismissed since there is no allegation that up to this point an…
2Cases cited2 opinions
- New York Public Interest Research Group, Inc. v. CareyNew York Court of Appeals · 1977
- Cuomo v. Long Island Lighting Co.New York Court of Appeals · 1988
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- Town of Islip v. CuomoAppellate Division of the Supreme Court of the State of New York · 1989
- In re the City of New YorkNew York Supreme Court · 1993
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