Schulz v. McCall

Appeal from an order of the Supreme Court (Harris, J.), entered July 10, 1996 in Albany County, which, in a combined proceeding pursuant to CPLR article 78 and action for a declaratory judgment, denied respondent’s motion for summary judgment.

So much of this combined proceeding and action as is relevant to this appeal arises out of respondent’s alleged use of public funds to advocate a particular position on a constitutional amendment that was proposed for the voters’ consideration at the November 7, 1995 general election. On a prior appeal, we determined that the petition / complaint stated…