POTTER v. BERLIN


21 A.D.3d 1310 (2005)

801 N.Y.S.2d 877

KELLEY POTTER, Respondent, v. JEANNE C. BERLIN, as City Clerk of City of Oswego, et al., Appellants. (Appeal No. 2.)

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

September 30, 2005.


It is hereby ordered that the judgment insofar as appealed from be and the same hereby is unanimously reversed on the law without costs and judgment is granted in favor of defendants as follows: It is adjudged and declared that Local Law No. 4 (2003) of the City of Oswego is valid.

Memorandum:

By this action, commenced as a CPLR article 78 proceeding but properly converted by Supreme Court to a declaratory judgment action (see Matter of Sacco v. Maruca...

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