MATTER OF SCHULZ v. RUSH-HENRIETTA CENT. SCH. DIST. BD. OF EDUC.


222 A.D.2d 1015 (1995)

635 N.Y.S.2d 903

In the Matter of Robert L. Schulz et al., Appellants, v. Rush-Henrietta Central School District Board of Education et al., Respondents, and State of New York, Intervenor

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

December 22, 1995


Order unanimously affirmed without costs.

Memorandum:

At the outset, we note that petitioner Katherine G. Wheat is deceased. Inasmuch as the relief sought was a judgment vindicating her right to vote on school budgets, her interest does not survive her death and substitution is not required (see, CPLR 1015 [b]).

Supreme Court properly dismissed this proceeding. We affirm but for a different reason. Petitioner Robert L. Schulz lacks standing...

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