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MATTER OF CIVIL SERV. EMPLOYEES ASS'N, INC. v. COUNTY OF WESTCHESTER

219 A.D.2d 651 (1995)

631 N.Y.S.2d 385

In the Matter of Civil Service Employees Association, Inc., Appellant, v. County of Westchester et al., Respondents

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

September 18, 1995

Ordered that the judgment is modified, on the law, by adding thereto a provision converting the proceeding into an action for a declaratory judgment (see, CPLR 103 [c]), with the notice of petition deemed a summons and the petition deemed a complaint, and declaring that the subject employees did not occupy civil service positions; as so modified, the judgment is affirmed, with costs (see, Lanza v Wagner, 11 N.Y.2d 317

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