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STEUBEN-ALLEGANY BOARD OF COOPERATIVE EDUCATIONAL SERVICES v. BOARD OF EDUCATION OF HORNELL CITY SCHOOL DISTRICT

272 A.D.2d 859 (2000)

708 N.Y.S.2d 671

STEUBEN-ALLEGANY BOARD OF COOPERATIVE EDUCATIONAL SERVICES et al., Appellants, v. BOARD OF EDUCATION OF HORNELL CITY SCHOOL DISTRICT, Respondent. (Action No. 1.) BOARD OF EDUCATION OF HORNELL CITY SCHOOL DISTRICT, Respondent, v. BOARD OF EDUCATION OF STEUBEN-ALLEGANY BOCES, Defendant-Appellant. (Action No. 2.)

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

Decided May 10, 2000.

Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly declared the rights of the parties for reasons stated in its decision. However, because this is a declaratory judgment action, the court erred in dismissing the complaint in action No. 1 (see, Tumminello v Tumminello, 204 A.D.2d 1067). We therefore modify the judgment by vacating the...

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