Opinion
November 14, 1994
Appeal from the Supreme Court, Westchester County (Donovan, J.).
Ordered that the order and judgment dated February 19, 1993 is affirmed; and it is further,
Ordered that the order dated March 25, 1993, is affirmed insofar as appealed from; and it is further,
Ordered that the defendant is awarded one bill of costs.
We agree with the defendant's contention that the court did not improvidently exercise its discretion in dismissing the plaintiff's action for a declaratory judgment. A declaratory judgment action may not be used to circumvent the normal appellate process (see, Bower Gardner v. Evans, 60 N.Y.2d 781; Rodriguez v. City Ct., 138 A.D.2d 475). The plaintiff could have appealed from his convictions of several statutory violations and thus raise the issues presented in this action.
In light of our determination, the plaintiff's remaining contentions need not be addressed. Balletta, J.P., Pizzuto, Altman and Hart, JJ., concur.