Appellate Division of the Supreme Court of New York, 1995

Schulz v. Rush-Henrietta Central School District

Appellate Division of the Supreme Court of New York · Decided December 22, 1995

222 A.D.2d 1015; 635 N.Y.S.2d 903; 1995 N.Y. App. Div. LEXIS 14055

Cases that cite this one

1 later published case cites this decision.

Burns v. Town of Clarkstown (Appellate Division of the Supreme Court of New York 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—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 AD2d 247, 251) and General Municipal Law § 51 (see, Schnepel v Board of Educ., 302 NY 94, 96). (Appeal from Order of Supreme Court, *1016Monroe County, Rosenbloom, J. — CPLR art 78.) Present — Pine, J. P., Fallon, Wesley, Balio and Boehm, JJ.

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