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  5. 49 A.D.2d 316 (1975)
 

MTR. OF HOFFMAN v. POSTON

49 A.D.2d 316 (1975)

In the Matter of Ronald Hoffman et al., on Behalf of Themselves and All Others Similarly Situated, Appellants, v. Ersa H. Poston, as President of The Civil Service Commission, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 13, 1975

Attorney(s) appearing for the Case

DeGraff, Foy, Conway & Holt-Harris (Richard L. Burstein of counsel), for appellants.

Louis J. Lefkowitz, Attorney-General (William J. Kogan and Ruth Kessler Toch of counsel), for respondents.

SWEENEY, J. P., KANE, MAIN and LARKIN, JJ., concur.

KOREMAN, J.

Although an article 78 proceeding is an inappropriate vehicle to test the constitutionality of legislative action, this court, pursuant to CPLR 103 (subd [c]), will treat the suit as an action for a declaratory judgment. (See, e.g., Matter of Lakeland Water Dist. v Onondaga County Water Auth., 24 N.Y.2d 400.)

Petitioners are citizens, taxpayers and...

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