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RODRIGUEZ v. CITY COURT OF THE CITY OF YONKERS

138 A.D.2d 475 (1988)

Nancy Rodriguez, on Behalf of Herself and All Others Similarly Situated, Appellant, v. City Court of the City of Yonkers, Respondent

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

March 14, 1988

Ordered that the judgment is affirmed, without costs or disbursements.

Upon a review of the record, we find that this case cannot be maintained as an action for a declaratory judgment. It has long been the policy of this State that a declaratory judgment action cannot be used to circumvent the normal appellate process (Bower & Gardner v Evans, 60 N.Y.2d 781; Mundy v Nassau County Civ. Serv. Commn.,

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