Slominski v. Rutkowski

OPINION OF THE COURT

Memorandum.

In this proceeding, converted by the Appellate Division to an action for a declaratory judgment, the order of that *784court should be modified, without costs, to declare valid subdivision e of section 3.09 of the Erie County Administrative Code (Lanza v Wagner, 11 NY2d 317, 334) and, as so modified, affirmed for reasons stated in the opinion by Justice Stewart F. Hancock, Jr., at the Appellate Division (91 AD2d 202). However, we distinguish the principal case relied upon by petitioner, Matter of Henry v Noto (50 NY2d 816) on different grounds.

In Matter of Henry v…