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Schulz v. Rush-Henrietta Central School District

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 22, 1995
222 A.D.2d 1015 (N.Y. App. Div. 1995)

Opinion

December 22, 1995

Appeal from the Supreme Court, Monroe County, Rosenbloom, J.

Present — Pine, J.P., Fallon, Wesley, Balio and Boehm, JJ.


Order unanimously affirmed without costs. Memorandum: At the outset, we note that petitioner Katherine G. Wheat is deceased. Inasmuch as the relief sought was a judgment vindicating her right to vote on school budgets, her interest does not survive her death and substitution is not required (see, CPLR 1015 [b]).

Supreme Court properly dismissed this proceeding. We affirm but for a different reason. Petitioner Robert L. Schulz lacks standing to prosecute this proceeding under State Finance Law § 123-b (see, Matter of Schulz v Cobleskill-Richmondville Cent. School Dist. Bd. of Educ., 197 A.D.2d 247, 251) and General Municipal Law § 51 (see, Schnepel v Board of Educ., 302 N.Y. 94, 96).


Summaries of

Schulz v. Rush-Henrietta Central School District

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 22, 1995
222 A.D.2d 1015 (N.Y. App. Div. 1995)
Case details for

Schulz v. Rush-Henrietta Central School District

Case Details

Full title:In the Matter of ROBERT L. SCHULZ et al., Appellants, v. RUSH-HENRIETTA…

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

Date published: Dec 22, 1995

Citations

222 A.D.2d 1015 (N.Y. App. Div. 1995)
635 N.Y.S.2d 903