Monroe County Public School Districts v. Zyra

*834OPINION OF THE COURT

Kenneth R. Fisher, J.

In this combined CPLR article 78 proceeding and action for a declaratory judgment, defendants/respondents move to dismiss the amended petition/complaint. By stipulation of the parties, and contrary to the prior order of the court pertaining to the same, the parties ask the court to convert the motion to dismiss into a motion for summary judgment “pursuant to CPLR 3211 (c) on due notice to all parties.” (Stipulation and order, dated Nov. 28-29, 2007, endorsed as an order of the court on Dec. 4, 2007.) That request is granted.

The case turns on the…