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MATTER OF TYLEC v. NIAGARA COUNTY LEGISLATURE

175 A.D.2d 676 (1991)

In the Matter of John Tylec, Respondent, v. Niagara County Legislature et al., Appellants. Floyd Snyder, as Niagara County Republican Chairman, Proposed Intervenor-Appellant

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

July 12, 1991

Judgment unanimously affirmed without costs.

Memorandum:

At the outset, we note that this action, framed as a request for CPLR article 78 relief, should be converted to a demand for declaratory judgment (CPLR 103 [c]; Kamhi v Town of Yorktown, 141 A.D.2d 607, 609, affd 74 N.Y.2d 423). Upon converting the action to one for declaratory judgment, we agree with the declaration...

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