Dillenburg v. State

*1364Appeal from a judgment (denominated order and judgment) of the Supreme Court, Chautauqua County (Timothy J. Walker, A.J.), entered November 19, 2007 in a citizen-taxpayer action pursuant to State Finance Law § 123-b. The judgment, inter alia, granted the motion of plaintiff for summary judgment and denied defendants’ motion for summary judgment (18 Mise 3d 789 [2007]).

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, plaintiffs motion is denied, the declaration and permanent injunction are vacated, defendants’ motion is granted and the…