KESSEL v. D'AMATO


72 A.D.2d 790 (1979)

Richard M. Kessel et al., Appellants, v. Alfonse D'Amato et al., Constituting The Board of Supervisors of Nassau County, et al., Respondents

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

November 19, 1979


Judgment modified, on the law, by deleting therefrom the provision which dismissed the petition and substituting therefor provisions (1) converting the proceeding into an action for a declaratory judgment, with the petition deemed the complaint, (2) declaring that the 1979 Nassau County budget is valid and (3) otherwise dismissing the action. As so modified, judgment affirmed, without costs or disbursements.

Although petitioners argue persuasively that, once the legislative...

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