# Schulz v. Town Board

> Appellate Division of the Supreme Court of the State of New York · November 16, 1994 · 209 A.D.2d 1047

URL: https://www.frixlaw.com/law-library/cases/5983154

## Case

- **Full name:** In the Matter of Robert L. Schulz v. Town Board of Caneadea
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** November 16, 1994
- **Citations:** 209 A.D.2d 1047; 619 N.Y.S.2d 1007
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5983154

## Opinion text

—Judgment unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: In this combined declaratory judgment action and CPLR article 78 proceeding, Supreme Court erred in dismissing that portion of the complaint seeking declaratory relief (see, Tumminello v Tumminello, 204 *1048 AD2d 1067 ). Thus, we modify the judgment by reinstating the complaint and by granting judgment declaring that the health insurance programs of the Town of Caneadea do not violate NY Constitution, article VII, § 8, or article VIII, § 1. (Appeal from Judgment of Supreme Court, Allegany County, Francis, J.—Declaratory Judgment.) Present—Balio, J. P., Lawton, Fallon, Wesley and Doerr, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5983154. Public record. Not legal advice.