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IN THE MATTER OF MONROE COUNTY PUBLIC SCHOOL DISTRICTS v. ZYRA

18 Misc.3d 833 (2007)

854 N.Y.S.2d 853

In the Matter of MONROE COUNTY PUBLIC SCHOOL DISTRICTS et al., Petitioners-Plaintiffs, v. WAYNE E. ZYRA, as President of the Monroe County Legislature, et al., Respondents-Defendants.

Supreme Court, Monroe County.

December 10, 2007.

Attorney(s) appearing for the Case

Daniel M. DeLaus, Jr., County Attorney, Rochester (Michael E. Davis of counsel), and Woods Oviatt Gilman LLP, Rochester (Sean T. Hanna of counsel), for respondents-defendants.

Ferrara Fiorenza Larrison Barrett & Reitz P.C., East Syracuse (Joseph G. Shields and Dennis Barrett of counsel), for petitioners-plaintiffs.

OPINION OF THE COURT

KENNETH R. FISHER, J.

In this combined CPLR article 78 proceeding and action for a declaratory judgment, defendants/respondents move to dismiss the amended petition/complaint. By stipulation of the parties, and contrary to the prior order of the court pertaining to the same, the parties ask the court to convert the motion to dismiss into a motion for summary judgment "pursuant to CPLR...

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