Leigh v. Assessor of Islip

— In an action, inter alia, for a declaratory judgment, defendants appeal from an order of the Supreme Court, Suffolk County (De Luca, J.), dated September 29, 1982, which granted, in part, plaintiffs’ motion for discovery, and denied defendants’ motion to dismiss the complaint. Order affirmed, with costs. Defendants’ motion to dismiss the complaint on the ground that the action was improperly brought in the form of an action for a declaratory judgment was properly denied under the circumstances of this case (see C.H.O.B. Assoc, v Board of Assessors of County of Nassau, 45 Mise 2d 184, affd…