MATTER OF KANTOR v. SCHMIDT


73 A.D.2d 670 (1979)

In the Matter of Alisa R. Kantor, Respondent, v. Richard P. Schmidt, Individually and as the Present President of The State University of New York at Stony Brook, Appellant

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

December 24, 1979


Judgment affirmed, with costs.

Despite the statement in Special Term's memorandum decision that this article 78 proceeding previously had been converted to a declaratory judgment action, the judgment actually rendered makes no declaration and grants mandamus-type relief. Special Term's difficulty undoubtedly derived from the fact that petitioner improperly attached to her petition a previously dismissed complaint for declaratory relief in the United States District...

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