Smith v. Pigeon

OPINION OF THE COURT

Robert E. Whelan, J.

PROCEEDING

This matter was previously before this court on July 24, 1997 and an order was entered dismissing the matter because the petitioner had failed to properly commence the proceeding. That record is incorporated by reference into this memorandum as the underlying matter remains the same.

Petitioner again initiates an action wherein he requests a declaration of the rights of the parties. In this purported CPLR article 78 proceeding petitioner, Thomas J. Smith, seeks to have this court enforce a rule of the by-laws of respondent Erie County…