Allen v. Blum

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The only issues raised by the commissioner’s motion to dismiss were whether a declaratory judgment action could be brought against her and whether the complaint stated a cause of action. We agree with the courts below that because the action seeks review of a continuing policy, a declaratory judgment class action rather than individual article 78 proceedings is proper (Matter of Zuckerman v Board of Educ., 44 NY2d 336, 333-334),

We agree also that the complaint sufficiently states a cause of…