Birnbaum v. N.Y. State Tchrs. Retirement Sys

Full title: ELIOT BIRNBAUM et al., on Behalf of Themselves and All Other School…

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 20, 1957

3 A.D.2d 815 (N.Y. App. Div. 1957)

Opinion

March 20, 1957

Appeal from the Onondaga Special Term.

Present — McCurn, P.J., Vaughan, Kimball, Williams and Bastow, JJ. [ 4 Misc.2d 356.]

Judgment and order modified on the law by deleting therefrom that portion which dismisses the complaint on the ground that the dismissal of the complaint is inconsistent with the declaration of rights (see Hoffman v. City of Syracuse, 2 A.D.2d 653, mod. on other grounds 2 N.Y.2d 484), and as so modified affirmed, without costs of this appeal to any party. All concur.