Liverpool Central School District v. Nyquist

Petitioner commenced a CPLR article 78 proceeding to review an informal opinion of counsel to the State Education Department to the eifect that subdivision 3 of section 1726 of the Education Law was applicable to the proposed plans of petitioner to lease (with option to purchase) an educational facility to be constructed in its district.

Clearly, such a procedural device is inappropriate under the circumstances and the court unhesitantly corrects the error by converting this special proceeding into an action for a declaratory judgment (CPLR 103, subds [b], [c]; CPLR 105, subd [b]).

*22The…