Legal Opinion
Hoffman v. Poston
Appellate Division of the Supreme Court of the State of New York
Decided November 13, 1975PublishedCited by 4 opinions
1Opinion of the CourtKoreman, J.
Although an article 78 proceeding is an inappropriate vehicle to test the constitutionality of legislative action, this court, pursuant to CPLR 103 (subd [c]), will treat the suit as an action for a declaratory judgment. (See, e.g., Matter of Lakeland Water Dist. v Onondaga County Water Auth., 24 NY2d 400.)
Petitioners are citizens, taxpayers and employees of the State of New York, occupying positions allocated to Salary Grade 14 in the competitive class of the classified service. They made this application on their own behalf and on behalf of all other employees of the State similarly…
2Cases cited8 opinions
- Jones v. BermanNew York Court of Appeals · 1975
- Boryszewski v. BrydgesNew York Court of Appeals · 1975
- Matter of Andresen v. RiceNew York Court of Appeals · 1938
- Lakeland Water District v. Onondaga County Water AuthorityNew York Court of Appeals · 1969
- Cash v. BatesNew York Court of Appeals · 1950
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3Cited by4 opinions
- Lemp v. Town BoardNew York Supreme Court · 1977
- Mills v. BahouAppellate Division of the Supreme Court of the State of New York · 1976
- Vanora v. New York State Department of Civil ServiceNew York Supreme Court · 1979
- Baroncelli v. BahouAppellate Division of the Supreme Court of the State of New York · 1977