| Rochester City School Dist. v County of Monroe |
| 2004 NY Slip Op 09767 |
| Decided on December 30, 2004 |
| Appellate Division, Fourth Department |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on December 30, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: HURLBUTT, J.P., SCUDDER, KEHOE, SMITH, AND HAYES, JJ.
1729 CA 04-01669
[*1]ROCHESTER CITY SCHOOL DISTRICT, PLAINTIFF-APPELLANT, ORDER
v
COUNTY OF MONROE AND MAGGIE BROOKS, AS MONROE COUNTY EXECUTIVE, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.)
v
COUNTY OF MONROE AND MAGGIE BROOKS, AS MONROE COUNTY EXECUTIVE, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.)
Appeal from an amended order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered April 5, 2004 in an action for a declaratory judgment and an injunction. The amended order denied plaintiff's motion for an injunction and granted judgment declaring, among other things, that defendants are not obligated to fund plaintiff's general health services and nursing program.
CHARLES G. JOHNSON, ROCHESTER, FOR PLAINTIFF-APPELLANT.
DANIEL M. DE LAUS, COUNTY ATTORNEY, ROCHESTER (MICHAEL E. DAVIS OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
JAMES D. BILIK, LATHAM, FOR NEW YORK STATE UNITED TEACHERS, AMICUS CURIAE.
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs (see Matter of Laborers Intl. Union of N. Am., Local 210, AFL-CIO v Shevlin-Manning, Inc., 147 AD2d 977).
Entered: December 30, 2004
Clerk of the Court