Legal Opinion

McLaughlin v. D'Elia

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

Decided December 16, 1985PublishedCited by 1 opinion

1Opinion of the Court

In an action for a declaratory judgment, plaintiffs appeal from a judgment of the Supreme Court, Kings County (Dowd, J.), dated January 10, 1985, which dismissed their complaint without prejudice to plaintiffs pursuing their administrative remedies.

Judgment affirmed, with costs.

The grant of declaratory relief is discretionary (CPLR 3001). We cannot say that Special Term’s refusal to grant such relief was an abuse of discretion. The resolution of this matter *596"within the educational administrative structure is far more appropriate than the limited judicial review permissible. Educational policy…

2Cases cited2 opinions

  1. Valdivieso v. Community School Board of District OneNew York Supreme Court · 1970
  2. Board of Education of Community School District No. 29 v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1981

3Cited by1 opinion

  1. Warden v. PatakiDistrict Court, S.D. New York · 1999

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