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MATTER OF PENALE v. COUNTY OF NIAGARA

170 A.D.2d 965 (1991)

In the Matter of Daniel Penale, Respondent, v. County of Niagara et al., Appellants

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

February 1, 1991

Judgment unanimously reversed on the law without costs and judgment granted, in accordance with the following Memorandum: Petitioner's CPLR article 78 proceeding challenging a resolution of the Niagara County Legislature should have been converted to a declaratory judgment action and we now do so (CPLR 103 [c]; Matter of Lakeland Water Dist. v Onondaga County Water Auth., 24 N.Y.2d 400, 406-408). This does not compromise petitioner...

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