Order unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: We agree with Supreme Court's analysis and conclusion as set forth in its written decision. However, rather than dismissing the complaint seeking declaratory relief, Supreme Court was obligated to make a declaration, even though plaintiff was not entitled to the declaration he sought (see, Hirsch v Lindor Realty Corp.
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REGAN v. CONNORS
181 A.D.2d 1045 (1992)
Richard E. Regan, Appellant, v. Don Connors et al., Constituting The Town Board of the Town of Brighton, Respondents
Appellate Division of the Supreme Court of the State of New York, Fourth Department.https://leagle.com/images/logo.png
March 13, 1992
March 13, 1992
Appellate Division of the Supreme Court of the State of New York, Fourth Department.
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